Rules for formulating land use planning and land use plans under the current Land Law in Vietnam

Rules for formulating land use planning and land use plans under the current Land Law in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Rules for formulating land use planning and land use plans under the current Land Law in Vietnam

(1) Land use planning shall be formulated under regulations of law on planning and the following rules:

- The national land use planning ensures specific characteristics and connectedness of regions district land use planning demonstrate contents of commune land use planning;

- Paddy land, protection forest land reserve forest land are strictly protected;

- Balance between demands for land use by sectors, fields and local authorities and land usability and land of the nation is ensured with a view to using land in an economical and effective manner;

- Natural resources are extracted reasonably; resilience to climate change is demonstrated;

- The allocation and use of land included in the national sector planning, regional planning and provincial planning conforms to the national land use planning.

(2) A land use plan shall be formulated under the following rules:

- The socio - economic development, national defense and security strategy and plan are conformed to;

- The land use plan conforms to the approved land use planning at the same level. The provincial land use plan conforms to the plan for allocation and zoning of land included in the provincial planning;

- Land is used in an economical and effective manner;

- Natural resources are extracted reasonably and environment is protected; resilience to climate change is demonstrated;

- Historical sites/monuments and scenic landscapes are protected and restored;

- The plan of the sector, field or local authority that uses land conforms to the land use plan and planning approved by the competent authority.

2. System of land use planning and land use plans in Vietnam

(1) Land use planning includes:

- National land use planning;

- District land use planning;

- Planning for use of land for national defense purpose;

- Planning for use of land for security purpose.

The provincial planning includes the plan for allocation and zoning of land by purpose and type of land up to district level.

(2) Land use plans include:

- National land use plan;

- Provincial land use plan;

- District land use plan;

- Plan for use of land for national defense purpose;

- Plan for use of land for security purpose

3. Responsibility for organizing formulation of land use planning and land use plans in Vietnam

- The Government shall organize the formulation of national land use planning and plans. The Ministry of Natural Resources and Environment shall take charge of assisting the Government in formulation of national land use planning and plans.

- People’s Committees of provinces shall organize the formulation of plans for allocation and zoning of land by purpose and type of land up to district level and include it in the provincial planning and of provincial land use plans. People’s Committees of districts shall organize the formulation of district land use planning and plans.

Land authorities of provinces shall formulate plans for allocation and zoning of land by purpose and type of land up to district level and include it in the provincial planning and formulate provincial land use plans. Land authorities of districts shall formulate district land use planning and plans.

- The Ministry of National Defense shall organize the formulation of planning and plans for use of land for national defense. The Ministry of Public Security shall organize the formulation of planning and plans for use of land for security purpose.

- National land use planning, planning for use of land for national defense purpose, planning for use of land for security purpose and plan for allocation and zoning of land by purpose and type of land up to district level under the provincial planning shall be formulated as prescribed by the law on planning.

Legal basis: Articles 35, 36 and 42 of the Land Law 2013, amended in 2018.

Ho Quoc Tuan

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