Chương 4 Luật đất đai 2013: Quy hoạch, kế hoạch sử dụng đất

Chapter IV

LAND USE MASTER PLANS AND PLANS

Article 35. Principles of formulation of land use master plans and plans

1. To conform to strategies, master plans and plans on socio-economic development, national defense and security.

2. To be formulated from the master level to detailed level. The land use master plan of the subordinate level must conform to the land use master plan of the superior level; and the land use plans must conform to the land use master plan approved by competent state agencies. The national land use master plan must take into account specific characteristics and linkages of the socio-economic regions; and the district-level land use master plans must demonstrate the contents of the commune-level land use.

3. To use land economically and efficiently.

4. To exploit natural resources reasonably together with environmental protection and climate change adaptation.

5. To protect and embellish cultural-historical relics and scenic spots.

6. To be democratic and public.

7. To ensure priority for using the land fund for the purposes of national defense and security, serve national and public interests, food security and environmental protection.

8. Master plans and plans of the sectors and localities that use land must conform to the land use master plans and plans already decided or approved by competent state agencies.

Article 36. System of land use master plans and plans

1. National land use master plans and plans.

2. Provincial-level land use master plans and plans.

3. District-level land use master plans and plans.

4. Land use master plans and plans for national defense.

5. Land use master plans and plans for security.

Article 37. Periods of land use master plans and plans

1. The period of land use master plans is 10 years.

2. The period of land use plans at the national and provincial levels and for national defense and security is 5 years. District-level land use plans must be made every year.

Article 38. National land use master plan and plan

1. The national land use master plan must be formulated based on:

a/ National strategies for socio-economic development, national defense and security; master plans on the development of socio-economic regions; and strategies and master plans for development of sectors;

b/ Natural and socio-economic conditions;

c/ Current land use status, land potential and results of implementation of the national land use master plan in the previous period;

d/ Land use demands of all sectors and fields;

e/ Scientific and technological advances related to land use.

2. The national land use master plan includes the following contents:

a/ Orientation for land use in 10 years;

b/ Determination of land use targets for agricultural land, non-agricultural land, unused land, including the determination of the areas of paddy land, land used only for wet rice farming, land for protection forest, land for special-use forest, land for production forest, land for aquaculture, land for salt production, land for national defense or security purpose, land for industrial parks, land for export processing zones, land for hi-tech zones, land for economic zones, land for national infrastructure development, land for cultural-historic relics and scenic spots, urban land and land for waste dumping and treatment;

c/ Determination of the areas of the land types specified at Point b, Clause 2 of this Article in the planning period for each provincial-level administrative unit and each socio-economic region;

d/ The land use master plan maps at the national level and of socio-economic regions;

e/ Solutions for implementation of the land use master plan.

3. The national land use plan must be formulated based on:

a/ The national land use master plan;

b/ The 5-year and annual socio-economic development plans of the whole country;

c/ Land use demands in 5 years of all sectors and fields;

d/ Results of implementation of the national land use plan in the previous period;

e/ Ability to invest and mobilize resources for implementing the land use plan.

4. The national land use plan includes the following contents:

a/ Analysis and evaluation of the implementation of the national land use plan in the previous period;

b/ Determination of the areas of the land types specified at Point b, Clause 2 of this Article in the 5-year land use plan;

c/ The 5-year land use plans for each provincial-level administrative unit and each socio­economic region;

d/ Solutions for implementation of the land use plan.

Article 39. Provincial-level land use master plans and plans

1. A provincial-level land use master plan must be formulated based on:

a/ The national land use master plan;

b/ The master plans for socio-economic development of the socio-economic region and the province or centrally run city; the strategies and master plans for development of sectors and fields;

c/ Natural and socio-economic conditions of the province or centrally run city;

d/ Current land use status, land potential and results of implementation of the provincial-level land use master plan in the previous period;

e/ Land use demands of all sectors and fields and of the province;

f/ Land use quotas;

g/ Scientific and technological advances related to land use.

2. A provincial-level land use master plan has the following contents:

a/ Orientation for land use in 10 years;

b/ Determination of the areas of the land types already allocated in the national land use master plan and the areas of the land types in accordance with provincial-level land use demands;

c/ Determination of land use zones by land use function;

d/ Determination of the areas of the land types specified at Point b of this Clause for each district-level administrative unit;

e/ The provincial-level land use master plan map;

f/ Solutions for implementation of the land use master plan.

3. The provincial-level land use plans must be formulated based on:

a/ The national 5-year land use plan; the provincial-level land use master plan;

b/ The provincial-level 5-year and annual socio-economic development plans;

c/ Land use demands in 5 years of all sectors and fields and the province;

d/ Results of implementation of the provincial-level land use plan in the previous period;

e/ Ability to invest and mobilize resources for implementing the land use plan.

4. A provincial-level land use plan has the following contents:

a/ Analysis and evaluation of the implementation of the provincial-level land use plan in the previous period;

b/ Determination of the areas of the land types specified at Point b, Clause 2 of this Article in the land use plan period for each year and each district-level administrative unit;

c/ Determination of the areas of the land types for which land use purposes need to be changed as prescribed at Points a, b, c, d and e, Clause 1, Article 57 of this Law in the land use plan period for each year and each district-level administrative unit;

d/ Determination of the areas and locations of national and provincial-level construction works and projects which use land for the purposes prescribed in Articles 61 and 62 of this Law in the land use plan period for each year and each district-level administrative unit.

For projects on technical infrastructure, construction, improvement of urban centers and rural residential areas, the determination of locations and areas of expropriated land areas in the adjacent areas must be conducted simultaneously in order to put land use rights up for auction to implement housing, trading, service, production and business projects;

e/ The provincial-level land use plan map;

f/ Solutions for implementation of the land use plan.

Article 40. District-level land use master plans and plans

1. A district-level land use master plan must be formulated based on:

a/ The provincial-level land use master plan;

b/ The master plans for socio-economic development of the province and district;

c/ Natural and socio-economic conditions of the district, town or provincial city;

d/ The current land use status, land potential and results of implementation of the previous district-level land use master plan;

e/ Land use demands of all sectors and fields, the district and communes;

f/ Land use quotas;

g/ Scientific and technological advances related to land use.

2. A district-level land use master plan has the following contents:

a/ Orientation for land use in 10 years;

b/ Determination of the areas of the land types already allocated in the provincial-level land use master plan and the areas of land types in accordance with land use demands of the district and communes;

c/ Determination of land use zones by land use function for each commune-level administrative unit;

d/ Determination of the areas of land types prescribed at Point b of this Clause for each commune-level administrative unit;

e/ The district-level land use planning map in which the zones already planned for paddy land and for changes of land use purposes as prescribed at Points a, b, c, d and e, Clause 1, Article 57 of this Law must be demonstrated in detail for each commune-level administrative unit;

f/ Solutions for implementation of the land use master plan.

3. A district-level annual land use plan must be formulated based on:

a/ The provincial-level land use plan;

b/ The district-level land use master plan;

c/ Land use demands in the planning year of all sectors, fields and levels;

d/ Ability to invest and mobilize resources for implementing the land use plan.

4. A district-level annual land use plan has the following contents:

a/ Analysis and evaluation on the implementation of the land use plan in the previous year;

b/ Determination of the areas of the land types already allocated in the provincial-level land use plan and the area of land types in accordance with land use demands of the district and communes in the planning year;

c/ Determination of the areas and locations of land to be expropriated to implement construction works and projects which use land for the purposes prescribed in Articles 61 and 62 of this Law in the planning year for each commune-level administrative unit.

For the projects on technical infrastructure, construction, improvement of urban centers and rural residential areas, the determination of locations and areas of the expropriated land in the adjacent area must be conducted simultaneously in order to put up land use rights for auction to implement housing, trading, service, production and business projects;

d/ Determination of the areas of land types of which land use purposes need to be changed as prescribed at Points a, b, c, d and e, Clause 1, Article 57 of this Law in the planning year and for each commune-level administrative unit;

e/ District-level annual land use plan map;

f/ Solutions for implementation of the land use plan.

5. Urban districts of which the urban master plans have been approved by competent state agencies shall formulate annual land use plans, but not land use master plans; in case the urban master plan of an urban district is inconsistent with the area allocated in the provincial-level land use master plan, it must be adjusted in accordance with the provincial-level land use master plan.

Article 41. Land use master plans and plans for national defense or security purpose

1. A land use master plan for national defense or security purpose must be formulated based on:

a/ The national land use master plan;

b/ Strategies for socio-economic development, national defense and security and master plans for the development of socio-economic regions;

c/ Natural and socio-economic conditions;

d/ The current land use status, land potential and results of implementation of the land use master plan for national defense or security purpose in the previous period;

e/ The land use demands for national defense or security;

f/ Land use quotas;

g/ Scientific and technological advances related to land use.

2. A land use master plan for national defense or security purpose has the following contents:

a/ Orientation for land use for national defense or security purpose;

b/ Determination of land use demands for national defense or security purpose in the planning period in accordance with the master plan for socio-economic development, national defense and security and national plan for socio-economic development;

c/ Determination of the locations and areas of land for national defense or security purpose which may be re-allocated to localities for management and use for socio-economic development;

d/ Solutions for implementation of the land use master plan for national defense or security purpose.

3. A land use plan for national defense or security purpose must be formulated based on:

a/ The national 5-year land use plan and the land use master plan for national defense or security purpose;

b/ The land use demands in 5 years for national defense or security purpose;

c/ Results of implementation of the land use plan for national defense or security purpose in the previous period;

d/ Ability to invest and mobilize resources for implementing the land use plan for national defense or security purpose.

4. A land use plan for national defense or security purpose has the following contents:

a/ Analysis and evaluation of the implementation of the land use plan for national defense or security purpose in the previous period;

b/ Determination of the locations and areas of land which shall be used for national defense or security purpose in the 5-year land use plan for each year;

c/ Determination in detail of the locations and areas of land for national defense or security purpose which may be re-allocated to localities in the 5-year period;

d/ Solutions for implementation of the land use plan for national defense or security purpose.

Article 42. Responsibilities for formulating land use master plans and plans

1. The Government shall organize the formulation of national land use master plans and plans. The Ministry of Natural Resources and Environment shall assume the prime responsibility for assisting the Government in formulating national land use master plans and plans.

2. Provincial-level People’s Committees shall organize the formulation of provincial- level land use master plans and plans. District-level People’s Committees shall organize the development of district-level land use master plans and plans.

Provincial- and district-level land administration agencies shall assume the prime responsibility for assisting their respective People’s Committees in the formulation of land use master plans and plans.

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

4. The Government shall detail this Article.

Article 43. Consultations on land use master plan and plans

1. The agencies which organize the formulation of land use master plan and plans as prescribed in Clauses 1 and 2, Article 42 of this Law shall organize consultations with the public on land use master plans and plans.

2. The forms, contents and timing of consultation with the public on land use master plans and plans must comply with the following provisions:

a/ The consultations with the public on national and provincial-level land use master plans and plans must be conducted in the form of publicizing the contents of land use master plans and plans on the websites of the Ministry of Natural Resources and Environment and the provincial- level People’s Committees. The consultations with the public on district-level land use master plans and plans must be conducted in the form of organizing meetings, direct consultation and publicizing the contents of land use master plans and plans on the websites of provincial-level and district-level People’s Committees.

b/ The consultations with the public on land use master plans and plans must be conducted on the targets of land use master plans and plans, projects and construction works to be implemented during the land use master plan and plan periods;

c/ The consultations with the public on land use master plans and plans must be conducted within 30 days after competent state agencies decide to conduct consultations.

3. Agencies responsible for conducting consultations with the public on land use master plans and plans prescribed in Clause 1 of this Article shall prepare reports on summarization, assimilation and explanation of the public opinions, and improve the land use master plans and plans before submitting to the appraisal board for land use master plans and plans.

4. For land use master plans and plans for national defense or security purpose, the Ministry of National Defense and the Ministry of Public Security shall conduct consultations with provincial- level People’s Committees in the course of formulation of land use master plans and plans.

Article 44. Appraisal of land use master plans and plans

1. Competence to establish the appraisal board for land use master plans and plans:

a/ The Prime Minister may establish an appraisal board for national land use master plans and plans.

The Ministry of Natural Resources and Environment shall assist this appraisal board in the process of appraising land use master plans and plans;

b/ The Minister of Natural Resources and Environment may establish an appraisal board for land use master plans and plans for national defense or security purpose, and for provincial-level land use master plans and plans.

Land administration agencies at central level shall assist this appraisal board in the process of appraising land use master plans and plans;

c/ The chairperson of a provincial-level People’s Committee may establish an appraisal board for district-level land use master plans and plans.

Land administration agencies at provincial and district levels shall assist this appraisal board in appraising land use master plans and plans.

2. The appraisal boards for land use master plans and plans at all levels shall appraise and send the notices of appraisal results to the agencies in charge of organizing the formulation of land use master plans and plans as prescribed in Article 42 of this Law. The agencies in charge of organizing the formulation of land use master plans and plans shall assimilate and explain the contents stated in the notices of appraisal results.

In case of necessity, the appraisal board for land use master plans and plans shall organize the examination and field survey of the areas for which the land use purposes are planned to change, especially paddy land, land for protection forest and land for special-use forest.

3. The appraisal of a land use master plan covers the following contents:

a/ Legal and scientific bases for the formulation of the land use master plan;

b/ The extent of conformity of the land use master plan with strategies and master plans for socio-economic development, national defense and security of the whole country and the locality, and with the master plans for development of sectors and fields;

c/ Socio-economic and environmental effects;

d/ The feasibility of the land use master plan.

4. The appraisal of a land use plan covers the following contents:

a/ The extent of conformity of the land use plan with the land use master plan;

b/ The extent of conformity of the land use plan with the plan for socio-economic development;

c/ The feasibility of the land use plan.

5. The fund for appraisal of land use master plans and plans is determined as a separate item in the fund for formulation of land use master plans and plans.

Article 45. Competence to decide and approve land use master plans and plans

1. The National Assembly shall decide on national land use master plans and plans;

2. The Government shall approve provincial-level land use master plans and plans, land use master plans and plans for national defense purpose and land use master plans and plans for security purpose.

Provincial-level People’s Committees shall submit provincial-level land use master plans and plans to their respective People’s Councils for adoption before submitting them to the Government for approval.

3. Provincial-level People’s Committee shall approve district-level land use master plans and plans.

District-level People’s Committees shall submit district-level land use master plans to their People’s Councils for adoption before submitting them to the provincial-level People’s Committee for approval.

District-level People’s Committees shall submit annual land use plans to the provincial-level People’s Committee for approval. Provincial-level People’s Committees shall submit to their People’s Councils for adoption the lists of projects for which land needs to be expropriated as prescribed in Clause 3, Article 62 of this Law, before approving the district-level annual land use plans.

Article 46. Adjustment of land use master plans and plans

1. Adjustment of a land use master plan is only conducted in the following cases:

a/ There are adjustments to the strategies for socio-economic development, national defense, and security or master plan for development of socio-economic regions and such adjustments result in change of land use structure;

b/ Natural disasters or wars result in changes in the land use purposes, structure, locations and area;

c/ There are adjustments in the land use master plan of the immediate superior level which affect the land use master plan of the concerned level;

d/ There are adjustments to local administrative boundaries.

2. Adjustments to a land use plan are only conducted when there are adjustments in the land use master plan or there are changes in the ability to implement the land use plan.

3. Adjustments to a land use master plan are part of the approved land use master plan. Adjustments to a land use plans are part of the approved land use plan.

The adjustment of land use master plans and plans must be conducted under Articles 42, 43, 44 and 48 of this Law.

4. The state agencies competent to decide on or approve land use master plans and plans at a certain level have competence to decide on or approve adjustments to land use master plans and plans at that level.

Article 47. Consultancy on formulation of land use master plan and plans

1. In the process of formulation of land use master plans and plans, the agencies in charge of the formulation process may hire consultants to formulate land use master plans and plans.

2. The Government shall prescribe the conditions for organizations and individuals to provide consultancy on formulation of land use master plans and plans.

Article 48. Publicization of land use master plans and plans

1. The land use master plans and plans at national, provincial and district levels must be publicized after being decided or approved by competent state agencies.

2. Responsibilities for publicizing land use master plans and plans are prescribed as follows:

a/ The Ministry of Natural Resources and Environment shall publicize the national land use master plans and plans at its head office and on its website;

b/ Provincial-level People’s Committees shall publicize provincial-level master plans and plans at their head offices and on their websites;

c/ District-level People’s Committees shall publicize district-level land use master plans and plans at their head offices and on their websites and the contents of district-level land use master plans and plans related to communes, wards and townships at the head offices of commune-level People’s Committees.

3. Timing and duration for publicizing land use master plans and plans are prescribed as follows:

a/ The land use master plan and plans must be publicized within 30 days from the date they are decided or approved by competent state agencies;

b/ The publicity is implemented throughout the land use master plan and plan periods.

Article 49. Implementation of land use master plans and plans

1. The Government shall organize and direct the implementation of the national land use master plans and plans.

The Prime Minister shall, based on national land use targets which have been decided by the National Assembly, allocate land use targets for provinces and centrally run cities, the Ministry of National Defense and the Ministry of Public Security.

Provincial- and district-level People’s Committees shall implement land use master plans and plans of their respective localities.

Commune-level People’s Committees shall implement land use master plans and plans in their communes.

The Ministry of National Defense and the Ministry of Public Security shall implement land use master plans and plans for national defense or security, respectively.

2. If the land use master plan has been publicized but the annual district-level land use plan is not yet available, land users may continue using land and exercise the rights of land users as prescribed by law.

If the land use master plan and the annual district-level land use plan are available, land users for whom the land use purposes are to be changed or whose land is to be expropriated in accordance with the plans may continue exercising the rights of land users, but may not build new houses or construction works or plant perennial crops. They shall apply for permission from competent state agencies before repairing or renovating existing houses or construction works.

3. If a land area is to be expropriated for implementation of a project or for change of land use purpose as indicated in the publicized annual district-level land use plan, but the decision to recover land has not been issued or the change of land use purpose has not been approved within 3 years, the state agency that has competence to approve the land use plan shall adjust or cancel the recovery or change of land use purpose and shall publicize such adjustment or cancellation.

In case the state agency that has competence to approve the land use plan fails to adjust or cancel, or does adjust or cancel but fails to publicize such adjustment or cancellation, land users are not subject to the limitation of rights as prescribed in Clause 2 of this Article.

4. At the end of the land use master plan period, the land use targets that have not fully been implemented may continue to be implemented until the land use master plan of the subsequent period is decided or approved by competent state agencies.

5. The Government shall detail the organization of the implementation of land use master plans and plans.

Article 50. Report on implementation of land use master plans and plans

1. The responsibility to make annual reports on results of implementation of land use master plans and plans is prescribed as follows:

a/ The People’s Committees at commune and district levels shall send reports on results of implementation of land use master plans and plans to the direct superior People’s Committees. Provincial-level People’s Committees shall send report on results of implementation of land use master plans and plans to the Ministry of Natural Resources and Environment;

b/ The Ministry of National Defense or the Ministry of Public Security shall send reports on results of implementation of land use master plans and plans for national defense or security purpose to the Ministry of Natural Resources and Environment;

c/ The Ministry of Natural Resources and Environment shall summarize the annual results of implementation of land use master plans and plans of the whole country in a report to the Government for submission to the National Assembly at the year-end session.

2. The report on results of implementation of the annual land use plan for the last year of the first land use plan period must be enclosed with the review report on the implementation of the whole land use plan period.

The report on results of implementation of the annual land use plan for the last year of the land use master plan period must be enclosed with the review report on the implementation of the last land use plan period and the review report on the implementation of the whole land use master plan period.

Article 51. Settlement of problems arising in land use master plans and plans after this Law takes effect

1. When formulating the land use plans for 5 years (2016-2020), the land use master plans and plans that have been decided or approved by competent state agencies prior to the effective date of this Law must be reviewed and additionally investigated for adjustment in accordance with this Law.

2. If the district-level land use master plan and plan have not yet been approved by competent state agencies when this Law takes effect, the land expropriation, land allocation, land lease, recognition of land use rights and change of land use purpose must be conducted in accordance with the provincial land use plans and the list of projects for socio-economic development of the district concerned which is prepared and submitted by the district-level People’s Committee to the provincial-level People’s Committee for decision.

The approval of district-level land use master plans and plans must be completed within 1 year after this Law takes effect.