Chương III Nghị định 181/2004/NĐ-CP: Quy hoạch, kế hoạch sử dụng đất

Chapter III

LAND USE PLANNINGS, PLANS

Article 12.- Contents of land use plannings

1. Survey, research, analysis, synthesis of natural, economic and social conditions in the geographical areas where the plannings are to be executed.

2. Evaluation of the present land use situation and changes in the preceding planning period based on the use purposes, including land under wet rice, land under other annual crops, land under perennial trees; production forest land, protective forest land, special-use forest land; aquaculture land; salt-making land; other agricultural land; rural residential land, urban residential land; land for construction of working offices and non-business works; land used for defense or security purposes; non-agricultural production and business land; land used for public purposes; land with rivers, canals, ditches, streams and special-use water surface; religious and belief land; cemetery and graveyard land; unused delta land, unused hilly and mountainous land, rock mountains without forests.

3. Evaluation of land potentials and the present land use's suitability to land potentials, to socio-economic, scientific-technological development trends according to the following regulations:

a) For land currently in use, to evaluate the current use's compatibility and incompatibility with land potentials, with socio-economic development strategies, overall plannings and plans, the possibility of the application of scientific and technological advances to land use;

b) For unused land, to evaluate the possibility of putting such land in use for various purposes.

4. Evaluation of the achievement of the land use planning targets already decided and approved in the preceding planning period.

5. Determination of land use orientations and objectives in the planning period and orientations for the subsequent period in conformity with socio-economic development strategies and overall plannings of the whole country, branches and localities.

6. Formulation of plans on distribution of areas of assorted land for socio-economic development, defense and security demands in the planning period, which shall be carried out as follows:

a) Marking off on maps the current land use in agricultural land areas according to land use purposes, land categories for which the use purpose changes must be permitted by competent State agencies; the current land use in non-agricultural land areas according to their functions as urban population quarter, rural population quarter, administrative quarter, industrial zone, hi-tech park, economic zone, service zone, historical-cultural relics zone, scenic places, defense and/or security areas and other works or projects involving large-scale land use; areas of unused land.

The zoning off shall be effected for land areas with acreages reflectible on land use planning
maps;

b) Determination of land areas with unchanged use purposes; land areas with use purposes to be compulsorily changed, including land areas expected to be recovered for execution of works, projects.

7. Analysis of economic, social and environmental efficiency of each land fund-distributing plan according to the following contents:

a) Analysis of economic efficiency, covering the projection of revenue sources from land assignment, land lease and land use purpose change, assorted land-related taxes and expenses for compensations, ground clearance, resettlement;

b) Analysis of social impacts, covering the projection of the number of households to be removed, the number of laborers losing their jobs due to land recovery, the number of jobs to be created from land use restructuring;

c) Evaluation of environmental impacts of land use according to new land use purposes of the land fund-distributing plans.

8. Selection of rational land fund-distributing plans, based on the results of the economic, social and environmental efficiency analysis prescribed in Clause 7 of this Article.

9. Presentation of the selected land use plannings on the land use planning maps.

10. Determination of measures for land use, protection and improvement as well as environmental protection, which must be applied to each land category, suitable to the planned areas.

11. Determination of measures to organize the implementation of land use plannings, suitable to the characteristics of the planned areas.

Article 13.- Contents of land use plans

1. Evaluation and analysis of results of implementation of the land use plan of the preceding period, including:

a) Results of achievement of land use targets for each land category;

b) Results of achievement of targets of conversion between land categories;

c) Results of virgin land reclamation for expansion of land areas for various purposes;

d) The quality of the achievement of targets in the land use plans;

e) The collection of revenues from land assignment, land lease, land use purpose change, assorted land-related taxes and expenses for compensations, supports, resettlement;

f) Causes of shortcomings and weaknesses in the implementation of land use plans.

2. Elaboration of plans for recovery of assorted land for distribution for infrastructure construction demands; industrial and service development; development of urban centers, rural population quarters; defense, security; for works and projects with identified investors, to make their lists enclosed with land use scale, locations, projected implementation schedule and land recovery schedule.

3. Elaboration of plans on conversion of land areas specialized in wet rice farming and forest land into those used for other purposes, determination of areas of agricultural land entitled to land use restructuring according to the following contents:

a) Determination of locations, acreages and schedule for conversion of wet rice land, protective-forest land, special-use forest land, production-forest land into those used for other purposes;

b) Determination of land areas registered for restructuring the use of assorted land within the agricultural land group.

4. Elaboration of plans on putting unused land to use for various purposes, covering the determination of locations, acreages and reclamation schedule to put unused land to use for agricultural or non-agricultural purposes.

5. Detailing of the distribution of assorted land in land use plans by year.

6. Projection of revenue sources from land assignment, land lease, land use purpose change, assorted land-related taxes and expenses for compensations, supports, resettlement.

7. Determination of measures for implementation of land use plans, ensuring the planned schedule.

Article 14.- Contents of detailed land use plannings, detailed land use plans of communes, wards, district townships, hi-tech parks, economic zones

1. A detailed land use planning covers the contents prescribed in Article 12 of this Decree; the selected land use planning must be reflected on cadastral maps; where the detailed urban construction planning, rural population quarter construction planning have been already approved, they must be reflected on the cadastral maps.

2. A detailed land use plan covers the contents prescribed in Article 13 of this Decree and is associated with the land plot.

Article 15.- Responsibilities for elaboration of land use plannings, plans

1. The Ministry of Natural Resources and Environment shall have the responsibility to assist the Government in organizing the elaboration of land use plannings and plans of the whole country.

The ministries, ministerial-level agencies, Government-attached agencies, the provincial/municipal People's Committees shall have the responsibility to coordinate with the Ministry of Natural Resources and Environment in determining their respective land use demands.

2. The Ministry of Defense shall elaborate plannings, plans on the use of land for defense purposes.

The Ministry of Defense shall have to coordinate with the provincial/municipal People's Committees in determining the demands for land use for defense purposes in the localities.

3. The Ministry of Public Security shall elaborate plannings and plans on the use of land for security purposes.

The Ministry of Public Security shall have to coordinate with the provincial/municipal People's Committees in determining the demands for land use for security purposes in the localities.

4. The provincial/municipal People's Committees shall organize the elaboration of land use plannings and plans of their respective provinces or centrally run cities. The provincial/municipal Services of Natural Resources and Environment shall have to assist the People's Committees of the same level in performing the task of elaborating land use plannings, plans.

The provincial/municipal Services, Departments, Sectors and the People's Committees of rural districts, urban districts, provincial capitals or towns shall have to coordinate with the provincial/municipal Services of Natural Resources and Environment in determining the land use demands of branches, localities.

5. The People's Committees of rural districts, urban districts, provincial capitals or towns shall organize the elaboration of land use plannings and plans of their respective localities, the detailed land use plannings and detailed land use plans of wards, townships and communes in the urban development planning areas. The district-level Sections of Natural Resources and Environment shall have to assist the People's Committees of the same level in performing the task of elaborating land use plannings, plans.

The Sections and Boards of rural districts, urban districts, provincial capitals or towns and the People's Committees of wards or townships, People's Committees of communes covered by the urban development plannings shall have to coordinate with the district-level Sections of Natural Resources and Environment in determining the land use demands of branches, localities.

6. The People's Committees of communes not covered by the urban development plannings shall have to organize the elaboration of detailed land use plannings, detailed land use plans of communes.

7. The hi-tech management boards shall have to organize the elaboration of detailed land use plannings, detailed land use plans for their entire hi-tech parks.

8. The economic zone management boards shall have the responsibility to organize the elaboration of detailed land use plannings, detailed land use plans for the land areas assigned to the economic zone management boards, which are determined in the land use plannings of provinces or centrally run cities; the elaboration of plannings and plans on the use of the remaining land areas shall be reflected in the land use plannings, plans of rural districts, urban districts, provincial capitals or towns and the detailed land use plannings, detailed land use plans of communes, wards, townships.

9. Agencies and organizations tasked to elaborate land use plannings, land use plans, detailed land use plannings, detailed land use plans may hire organizations licensed to operate in the field of land use planning, plan elaboration to provide consultancy on the elaboration of land use plannings, plans.

10. Land use plannings, land use plans of rural districts, urban districts, provincial capitals or towns as well as detailed land use plannings, detailed land use plans of communes, wards or townships must not be drawn up if the land use in the subsequent land use planning period sees no change; in case of land use purpose change between land categories in the same land group and the acreages of the land subject to use purpose change being less than ten per cent (10%) as compared with the preceding planning period, only the decisions on adjustment of land areas subject to use purpose change are needed.

The detailed land use plannings of hi-tech parks shall be made once for the entire parks; in case of change in land use demands, the adjustment of the detailed land use plannings should be drawn up.

Article 16.- Elaboration and adjustment of the national land use planning

1. The national land use planning shall be elaborated on the basis of the provisions of Clause 1, Article 22 of the Land Law.

2. Before the end of the 18-month land use planning periods, the ministries, ministerial-level agencies, Government-attached agencies and the provincial/municipal People’s Committees shall have to send their written proposals on land use demands of their respective branches or localities in the subsequent land use planning period to the Ministry of Natural Resources and Environment.

3. Within five (5) months after the receipt of land use demand proposals of branches and localities, the Ministry of Natural Resources and Environment shall have to draw up the national land use planning according to the following regulations:

a) Verifying the land use demands of the branches and localities in the subsequent land use planning period;

b) Drawing up schemes on distribution of land funds for the subsequent land use planning period, ensuring the implementation of the national overall socio-economic development, defense, security strategies and plannings;

c) Sending the drafts report explaining the national land use planning to the ministries, ministerial-level agencies and Government-attached agencies for comments.

4. Within thirty (30) working days counting from the date of receiving the draft report, the ministries, ministerial-level agencies and Government-attached agencies shall have to send their written comments to the Ministry of Natural Resources and Environment.

5. Within two (2) months counting from the date of receiving the written comments, the Ministry of Natural Resources and Environment shall have to sum up the opinions and finalize the report explaining the national land use planning for submission to the Government.

6. The national land use planning dossier shall comprise:

a) The Natural Resources and Environment Ministry's report to the Government on the national land use planning;

b) The report explaining the national land use planning;

c) The current national land use map;

d) The national land use planning map.

7. The national land use planning shall be adjusted in cases where the socio-economic development plannings, the targets of socio-economic development, defense or security programs or projects, the regional construction plannings or urban construction plannings are adjusted, thus altering the land use structure or in cases where natural disasters or wars occur, thus altering the land use structure. The Ministry of Natural Resources and Environment shall have to compile dossiers of adjustment of the national land use planning for submission to the Government. When compiling the dossiers of adjustment of the land use planning, the Ministry of Natural Resources and Environment shall gather comments of the ministries, ministerial-level agencies, Government-attached agencies which are related to the to be-adjusted land categories. The dossier of adjustment of the national land use planning shall include:

a) The Natural Resources and Environment Ministry's report to the Government on the adjustment of the national land use planning;

b) The report explaining the adjustment of the national land use planning;

c) The map of the adjustment of the national land use planning.

Article 17.- Elaboration and adjustment of national land use plans

1. The national land use plans shall be formulated on the bases prescribed in Clause 2, Article 22 of the Land Law.

2. The formulation of the national land use plan for the first five (5) years of a land use planning period (called the first-period land use plan) shall be carried out simultaneously with the formulation of the national land use planning prescribed in Article 16 of this Decree. The dossier of the first-period land use plan shall be compiled together with the land use planning dossier. The contents of a land use plan shall be the schedule of materializing the contents of the land use planning for the first five (5) years of the planning period and detailed by year, ensuring the implementation of five-year or annual socio-economic development plans of the State.

3. The formulation of the national land use plan for the last five (5) years of the land use planning period (called the last-period land use plan) is stipulated as follows:

a) Before commencing the twelve-month last-period land use plan, the Ministry of Natural Resources and Environment shall base itself on the national land use planning and the provisions of Clause 1 of this Article to formulate the schemes on distribution of land funds to the last-period land use plan, ensuring the implementation of the five-year and annual socio-economic development plans of the State and draft the report explaining the land use plan; send the draft report to the ministries, ministerial-level agencies and Government-attached agencies for comments;

b) Within thirty (30) working days counting from the date of receiving the draft report, the ministries, ministerial-level agencies and Government-attached agencies shall have to send their written comments to the Ministry of Natural Resources and Environment;

c) Within two (2) months as from the date of receiving the written comments, the Ministry of Natural Resources and Environment shall have to sum them up and finalize the report explaining the land use plan for submission to the Government.

4. The last-period land use plan dossier shall comprise:

a) The Natural Resources and Environment Ministry's report on the national land use plan;

b) The report explaining the national land use plan;

c) The current national land use map.

5. The adjustment of the national land use plan shall be made in cases where appears the adjustment of the national land use planning, the adjustment of the socio-economic development planning or the adjustment of the regional construction planning, urban construction planning or when there appear changes in the possibility of implementation of the land use plan. The Ministry of Natural Resources and Environment shall have to compile dossiers on adjustment of the national land use plan for submission to the Government. When compiling the adjustment dossiers, the Ministry of Natural Resources and Environment shall gather comments of the ministries, ministerial-level agencies and Government-attached agencies on the to be-adjusted land categories. The national land use plan adjustment dossier shall comprise:

a) The Natural Resources and Environment Ministry's report to the Government on the adjustment of the national land use plan;

b) The report explaining the adjustment of the national land use plan.

Article 18.- Organizing the gathering of people's comments on detailed land use plannings

1. The gathering of people's comments in the process of elaborating the detailed land use plannings of communes, wards or townships as provided for in Clause 5, Article 25 of the Land Law shall be effected as follows:

a) The draft detailed land use plannings must be introduced to every urban population group, village, hamlet and other population quarters; and at the same time must be posted up at the offices of the People's Committees of the communes, wards or townships where exists the land;

b) To organize the receipt of opinions contributed directly by people or through representatives of population quarters, Vietnam Fatherland Front and/or local mass organizations; to gather comments of the Standing Offices of the People's Councils of the communes, wards or townships where exists the land.

2. The time limit for gathering people's comments under the provisions of Clause 1 of this Article shall be thirty (30) days.

3. The agencies which elaborate the detailed land use plannings of communes, wards or townships shall have to sum up and accept people's comments for finalization of the draft detailed land use planning.

Article 19.- Consideration and approval of provincial/municipal land use plannings, plans

1. The dossiers for consideration and approval of provincial/municipal land use plannings and plans shall each be made in fifteen (15) sets to be submitted at the Ministry of Natural Resources and Environment for appraisal; such a dossier shall comprise:

a) The provincial/municipal People's Committee's report to the Government for consideration and approval of the land use planning, plan;

b) The report explaining the land use planning, plan;

c) The current land use map;

d) The land use planning map for case of considering and approving the land use planning.

2. Order of considering and approving land use plannings, plans is prescribed as follows:

a) Within three (3) working days as from the date of receiving the complete and valid dossiers, the Ministry of Natural Resources and Environment shall have to send dossiers for consideration and approval of land use plannings, plans to the concerned ministries and agencies for comments.

Within fifteen (15) working days as from the date of receiving the dossiers, the ministries and agencies shall have to send their written comments to the Ministry of Natural Resources and Environment.

Within ten (10) working days as from the end of the time limit for comments, the Ministry of Natural Resources and Environment shall have to sum up and send its appraisal to the provincial/municipal People's Committees for finalization of the dossiers;

b) The provincial/municipal People's Committees shall finalize the dossiers and submit them to the People's Councils of the same level for approval of the land use plannings, plans; send five (5) sets of dossiers already approved by the People's Councils together with the People's Councils' resolutions to the Ministry of Natural Resources and Environment;

c) Within ten (10) working days as from the date of receiving the dossiers for consideration and approval of the land use plannings, plans as provided for at Point b of this Clause, the Ministry of Natural Resources and Environment shall have to submit them to the Government for consideration and approval.

Article 20.- Consideration and approval of land use plannings, plans of rural districts, urban districts, provincial capitals or towns

1. The dossiers for consideration and approval of land use plannings, plans of rural districts, urban districts, provincial capitals or towns shall each be made in ten (10) sets to be submitted to the provincial/municipal Services of Natural Resources and Environment for appraisal; such a dossier shall comprise:

a) The report of the People's Committee of the rural district, urban district, provincial capital or town to the provincial/municipal People's Committee for consideration and approval of the land use planning, plan;

b) The report explaining the land use planning, plan;

c) The current land use map;

d) The land use planning map, for the case of considering and approving the land use planning.

2. The order of considering and approving land use plannings, plans is prescribed as follows:

a) Within three (3) working days as from the date of receiving the complete and valid dossiers, the provincial/municipal Services of Natural Resources and Environment shall have to send the dossiers of consideration and approval of land use plannings, plans to relevant agencies for their comments.

Within fifteen (15) working days as from the date of receiving the complete and valid dossiers, the agencies shall have to send their written comments to the provincial/municipal Services of Natural Resources and Environement.

Within ten (10) working days as from the end of the time limit for comments, the provincial/municipal Services of Natural Resources and Environment shall have to sum up the comments and send their appraisals to the People's Committees of rural districts, urban districts, provincial capitals or towns for finalization of the dossiers;

b) The People's Committees of rural districts, urban districts, provincial capitals or towns shall finalize the dossiers and submit them to the People's Councils of the same level for approving the land use plannings, plans; send three (3) sets of dossiers already approved by the People's Councils together with the latter's resolutions to the provincial/municipal Services of Natural Resources and Environment;

c) Within ten (10) working days as from the date of receiving the dossiers of consideration and approval of land use plannings, plans as provided for at Point b of this Clause, the provincial/municipal Services of Natural Resources and Environment shall have to submit them to the provincial/municipal People's Committees for consideration and approval.

Article 21.- Consideration and approval of detailed land use plannings, detailed land use plans of wards, townships and communes covered by the urban development plannings

1. The dossiers for consideration and approval of detailed land use plannings, detailed land use plans of wards, townships and communes covered by the urban development plannings shall each be made in ten (10) sets to be submitted at the provincial/municipal Services of Natural Resources and Environment for appraisal; such a dossier shall comprise:

a) The report of the People's Committee of the rural district, urban district, provincial capital or town to the provincial/municipal People's Committee for consideration and approval of the detailed land use planning, detailed land use plan;

b) The report explaining the detailed land use planning, detailed land use plan;

c) The current land use map;

d) The detailed land use planning map for the case of considering and approving the detailed land use planning.

2. The order of considering and approving the detailed land use plannings,detailed land use plans is prescribed as follows:

a) Within three (3) working days as from the date of receiving the complete and valid dossiers, the provincial/municipal Services of Natural Resources and Environment shall have to send the dossiers of consideration and approval of the detailed land use plannings, detailed land use plans to relevant agencies for their comments.

Within fifteen (15) working days as from the date of receiving the dossiers, the agencies shall have to send their written comments to the provincial/municipal Services of Natural Resources and Environment.

Within ten (10) working days as from the end of the time limit for comments, the provincial/municipal Services of Natural Resources and Environment shall have to sum up and send their appraisals to the People's Committees of rural districts, urban districts, provincial capitals or towns for finalization of the dossiers;

b) After finalizing the dossiers, the People's Committees of rural districts, urban districts, provincial capitals or towns shall submit them to the People's Councils of the same level for approval of the detailed land use plannings, detailed land use plans; send four (4) sets of dossiers already approved by the People's Councils of the same level together with the latter's resolutions to the provincial/municipal Services of Natural Resources and Environment;

c) Within ten (10) working days as from the date of receiving the dossiers of consideration and approval of detailed land use plannings, detailed land use plans as prescribed at Point b of this Clause, the provincial/municipal Services of Natural Resources and Environment shall have to submit them to the provincial/municipal People's Committees for consideration and approval.

3. The dossiers for consideration and approval of detailed land use plannings, detailed land use plans of wards, townships or communes covered by the urban development plannings shall be submitted simultaneously together with the dossiers for consideration and approval of land use plannings, land use plans of rural districts, urban districts, provincial capitals or towns as provided for in Article 20 of this Decree or submitted later but must be considered and approved in the last year of the preceding land use planning, land use plan period.

Article 22.- Consideration and approval of detailed land use plannings, detailed land use plans of communes not covered by the urban development plannings

1. The dossiers for consideration and approval of detailed land use planning, detailed land use plans of communes not covered by the urban development plannings shall each be made in ten (10) sets to be submitted to the district-level Sections of Natural Resources and Environment for appraisal; such a dossier shall comprise:

a) The commune People's Committee's report to the district/provincial capital or town People's Committee for consideration and approval of the detailed land use planning, detailed land use plan;

b) The general report explaining the detailed land use planning, detailed land use plan;

c) The current land use map;

d) The detailed land use planning map, for the case of considering and approving the detailed land use planning.

2. The order of considering and approving detailed land use plannings, detailed land use plans is prescribed as follows:

a) Within three (3) working days as from the date of receiving the complete and valid dossiers, the district-level Natural Resources and Environment Sections shall have to send the dossiers of consideration and approval of detailed land use plannings, detailed land use plans to the relevant agencies for their comments.

Within fifteen (15) working days as from the date of receiving the dossiers, the agencies shall have to send their written comments to the Natural Resources and Environment Sections.

Within ten (10) days as from the end of the time limit for comments, the Natural Resources and Environment Sections shall have to sum up and send their appraisals to the commune People's Committees for finalization of dossiers;

b) After finalizing the dossiers, the commune People's Committees shall submit them to the commune People's Councils for approval of the detailed land use plannings, detailed land use plans; send three (3) sets of dossiers already approved by the commune People's Councils, enclosed with the People's Councils' resolutions to the Natural Resources and Environment Sections;

c) Within ten (10) working days as from the date of receiving the dossiers of consideration and approval of detailed land use plannings, detailed land use plans as prescribed at Point b of this Clause, the Natural Resources and Environment Sections shall have to submit them to the district, provincial capital or town People's Committees for consideration and approval.

Article 23.- Consideration and approval of detailed land use plannings, detailed land use plans of hi-tech parks, economic zones

1. The dossiers for consideration and approval of detailed land use plannings, detailed land use plans of hi-tech parks, economic zones shall each be made in ten (10) sets to be submitted to the provincial/municipal Services of Natural Resources and Environment of the localities where the land exists for appraisal; such a dossier shall comprise:

a) The report of the hi-tech park management board, the economic zone management board to the provincial/municipal People's Committee for consideration and approval of the detailed land use planning, detailed land use plan;

b) The general report explaining the detailed land use planning, detailed land use plan;

c) The current land use map;

d) The detailed land use planning map, for the case of considering and approving the detailed land use planning.

2. The order of considering and approving detailed land use plannings, detailed land use plans of hi-tech parks, economic zones is prescribed as follows:

a) Within three (3) working days as from the date of receiving the complete and valid dossiers, the provincial/municipal Services of Natural Resources and Environment shall have to send the dossiers for consideration and approval of detailed land use plannings, detailed land use plans of hi-tech parks, economic zones to the relevant agencies for comments.

Within fifteen (15) working days as from the date of receiving the dossiers, the said agencies shall have to send their written comments to the provincial/municipal Services of Natural Resources and Environment.

Within ten (10) working days as from the end of the time limit for comments, the provincial/municipal Services of Natural Resources and Environment shall have to sum them up and send their appraisals to the hi-tech or economic zone management board for finalization of dossiers;

b) After finalizing the dossiers, the hi-tech park or economic zone management boards shall send four (4) sets of dossiers to the provincial/municipal Services of Natural Resources and Environment;

c) Within ten (10) working days as from the date of receiving the finalized dossiers, the provincial/municipal Services of Natural Resources and Environment shall have to submit them to the provincial/municipal People's Committees for consideration and approval.

Article 24.- Plannings and plans on use of land for defense, security purposes

1. The period of planning, plan on the use of land for defense or security purposes is prescribed as follows:

a) The period of planning on the use of land for defense or security purposes shall be ten (10) years, corresponding to the local and national land use planning periods;

b) The period of plan on the use of land for defense or security purposes shall be five (5) years, corresponding to the local and national land use plan periods.

2. The contents of plannings on the use of land for defense, security purposes shall include:

a) Assessment of the management and use of land for defense, security purposes;

b) Determination of demands for land used for defense or security purposes in the land use planning period, compatible with the overall planning on socio-economic development, defense as well as security and the socio-economic development plans of the State;

c) Determination of locations and acreages of defense or security land returned to localities for use for socio-economic development purposes;

d) Solutions to organizing the implementation of plannings on the use of land for defense, security purposes.

3. The contents of plans on the use of land for defense, security purposes shall include:

a) Assessment of the management and use of defense, security land of the preceding plan period;

b) Clear determination of locations, acreages of land used for defense or security purposes in the five-year plan and detailed to each year;

c) Specific determination of locations and acreages of defense or security land returned to localities for management in five (5) years;

d) Solutions to organizing the implementation of plans on the use of land for defense, security purposes.

Article 25.- Consideration and approval of plannings, plans on the use of land for defense, security purposes

1. The dossiers for consideration and approval of plannings, plans on use of land for defense or security purposes shall each be made in fifteen (15) sets to be submitted at the Ministry of Natural Resources and Environment for appraisal; such a dossier shall comprise:

a) The report of the Ministry of Defense or the Ministry of Public Security, submitted to the Government for consideration and approval of a planning or plan on the use of land for defense or security purposes;

b) The provincial/municipal People's Committee's written opinions on the demand for land used for defense or security purposes in the locality;

c) The general report explaining the planning, plan on the use of land for defense, security purposes.

2. The order of considering and approval of plannings, plans on the use of land for defense or security purposes is as follows:

a) Within three (3) working days as from the date of receiving the complete and valid dossiers, the Ministry of Natural Resources and Environment shall have to send the dossiers for consideration and approval of plannings, plans on the use of land for defense, security purposes to the relevant ministries and branches for their comments.

Within fifteen (15) working days as from the date of receiving the dossiers, the ministries and branches shall have to send their written comments to the Ministry of Natural Resources and Environment.

Within ten (10) working days as from the date of fully receiving the comments, the Ministry of Natural Resources and Environment shall have to sum them up and send its appraisal to the Ministry of Defense or the Ministry of Public Security for finalization of dossiers;

b) After finalizing the dossiers, the Ministry of Defense or the Ministry of Public Security shall send five (5) dossier sets to the Ministry of Natural Resources and Environment;

c) Within ten (10) working days as from the date of receiving the finalized dossiers, the Ministry of Natural Resources and Environment shall have to submit them to the Government for consideration and approval.

Article 26.- Adjustment of land use plannings, land use plans, detailed land use plannings, detailed land use plans

1. Contents of adjustment of land use plannings, land use plans, detailed land use plannings, detailed land use plans shall include:

a) Addition, adjustment or cancellation of works, projects in the planning, plan periods;

b) Restructuring of assorted land in the agricultural land group; change of locations, acreages of functionally zoned off-land areas in the non-agricultural land group; change of targets of putting unused land to use;

c) Change of the schedule for plan implementation, which is three (3) years faster or slower than the land use plan, the detailed land use plan, which have been already approved;

d) Solutions to organizing the adjustment of land use plannings, plans.

2. The adjustment of land use plannings, land use plans, detailed land use plannings, detailed land use plans shall be made in cases where there appears the adjustment of socio-economic development plannings, the adjustment of objectives of socio-economic development, defense or security programs, projects, the adjustment of regional construction plannings or urban construction plannings and such adjustment alters the land use structure or in cases where natural disasters or wars cause the change in land use structure.

3. The dossiers for consideration and approval of adjustment of land use plannings, plans of provinces or centrally run cities shall each be made in fifteen (15) sets to be submitted at the Ministry of Natural Resources and Environment for appraisal; or rural districts, urban districts, provincial capitals or towns and of wards, district townships or communes in urban development planning regions shall be made in ten (10) sets to be submitted to the provincial/municipal Services of Natural Resources and Environment for appraisal; of communes outside the urban development planning regions shall be made in ten (10) sets to be submitted at the district-level Natural Resources and Environment Sections for appraisal; such a dossier shall include:

a) The report of the People's Committee of the level which formulates the land use planning, land use plan or detailed land use planning, detailed land use plan, submitted to the competent State agency for consideration and approval;

b) The report explaining the adjustment of the land use planning, land use plan or detailed land use planning, detailed land use plan;

c) The land use planning map of the to be-adjusted area, for the case of adjusting land use plannings or detailed land use plannings.

4. Dossiers for consideration and approval of adjustment of detailed land use plannings, detailed land use plans of hi-tech parks, economic zones shall each be made in ten (10) sets to be submitted at the provincial/municipal Services of Natural Resources and Environment for appraisal; such a dossier shall comprise:

a) The report of the hi-tech park or economic zone management board to be submitted to the provincial/municipal People's Committee for consideration and approval of the adjustment of the detailed land use planning, detailed land use plan;

b) The report explaining the adjustment of detailed land use planning, detailed land use plan;

c) The detailed land use planning map of the to be-adjusted area, for the case of adjusting detailed land use planning.

5. The dossiers for consideration and approval of plannings, plans on the use of land for defense or security purposes shall each be made in fifteen (15) sets to be submitted at the Ministry of Natural Resources and Environment for appraisal; such a dossier shall comprise:

a) The report of the Ministry of Defense or the Ministry of Public Security to be submitted to the Government for consideration and approval of planning or plan on the use of land for defense or security purposes;

b) The provincial/municipal People's Committee's written opinions on the adjustment of demands for land used for defense or security purposes in the locality;

c) The report explaining the adjustment of the planning, plan on the use of land for defense or security purpose.

6. The order of considering and approving the adjustment of land use plannings, land use plans, detailed land use plannings, detailed land use plans is as follows:

a) The order of considering and approving the adjustment of land use plannings, plans of provinces or centrally-run cities shall be the same as that prescribed in Clause 2, Article 19 of this Decree;

b) The order of considering and approving the adjustment of land use plannings, plans of rural districts, urban districts, provincial capitals or towns shall be the same as that prescribed in Clause 2, Article 20 of this Decree;

c) The order of considering and approving the adjustment of detailed land use plannings, detailed land use plans of wards, townships and communes in the urban development planning regions shall be the same as that prescribed in Clause 2, Article 21 of this Decree;

d) The order of considering and approving the adjustment of detailed land use plannings, detailed land use plans of communes outside the urban development planning regions shall be the same as that prescribed in Clause 2, Article 22 of this Decree;

e) The order of considering and approving the detailed land use plannings, detailed land use plans of hi-tech parks or economic zones shall be the same as that prescribed in Clause 2, Article 23 of this Decree;

f) The order of considering and approving the plannings, plans on the use of land for defense or security purposes shall be the same as that prescribed in Clause 2, Article 25 of this Decree;

g) The gathering of comments when appraising the adjustment of land use plannings, land use plans, detailed land use plannings, detailed land use plans shall be conducted only with agencies related to areas of assorted land to be adjusted.

Article 27.- Announcement of land use plannings, plans

1. The Ministry of Natural Resources and Environment shall have to publicize all documents on national land use plannings and plans, which have been decided by the National Assembly, at its office throughout the land use planning or plan period; to publish on the Official Gazette; to publicize on the Government's State management information network and publish their excerpts on a central daily.

2. The provincial/municipal Services of Natural Resources and Environment and the district-level Sections of Natural Resources and Environment shall have to publicize all documents on their respective local land use plannings and plans, which have already been approved, at their respective offices throughout the land use planning or plan periods; to publicize them on State management information networks of the provinces or centrally-run cities and publish their excerpts on local newspapers.

3. The commune, ward, township People's Committees shall have to publicize all documents on detailed land use plannings, detailed land use plans and investment projects as well as works, which have been already approved, at their offices throughout the land use planning, plan periods.

4. The hi-tech park management boards, the economic zone management boards shall have to publicize all documents on detailed land use plannings, detailed land use plans, which have been already approved, at their headquarters throughout the land use planning, plan periods; publicize on the electronic information networks of the hi-tech parks or economic zones and publish their excerpts on branch newspapers or local newspapers in localities where exist such plannings.

5. All the documents on adjustment of land use plannings, land use plans, detailed land use plannings, detailed land use plans, which have been already approved, must be publicized like the land use plannings, land use plans, detailed land use plannings, detailed land use plans prescribed in Clauses 1, 2, 3 and 4 of this Article.

6. The dossiers of plannings, plans on the use of land and the dossiers of adjustment of plannings, plans on the use of land for defense and security purposes shall be managed according to the confidentiality regime.

Article 28.- Management of land use plannings, plans

1. The People's Committees of the provinces or centrally-run cities, the People's Committees of rural districts, urban districts, provincial capitals or towns, which decide on land assignment, land lease, land recovery or land use purpose changes must strictly comply with the approved land use plannings, plans.

The presidents of the People's Committees of provinces or centrally-run cities, the presidents of the People's Committees of rural districts, urban districts, provincial capitals or towns shall have to detect and handle in time cases of violating land use plannings, plans in their respective localities.

2. The People's Committees of communes, wards, townships shall have to monitor the implementation of land use plannings, plans in their localities. Upon the detection of cases of using land in contravention of the publicized plannings or plans, they shall handle such cases according to their competence or request competent State agencies to handle them.

The presidents of the commune, ward or district township People's Committees shall bear the prime responsibility for failure to prevent and handle in time cases of using land in contravention of the approved land use plannings or plans in the localities.

3. The provincial/municipal Services of Natural Resources and Environment, the district-level Sections of Natural Resources and Environment and the commune, ward or township cadastral personnel shall organize the examination and inspection of the implementation of land use plannings, plans in the localities; detect and handle according to their competence or request competent State bodies to handle violations of land use plannings, plans; in case of detecting violations in the implementation of plannings or plans on the use of land for defense or security purposes, the provincial/municipal Services of Natural Resources and Environment shall send reports to the Ministry of Defense or the Ministry of Public Security for consideration and handling.

In case of discovering the practical demands for adjustment of land use plannings or plans, they shall report to the People's Committees of the same levels on such demands.

4. Annually, the People's Committees of all levels shall have to report on results of implementation of their local land use plans up to December 31; the time limits for submission of their reports are prescribed as follows:

a) The commune, ward or township People's Committees shall submit their reports to the People's Committees of rural districts, urban districts, provincial capitals or towns before January 15 of the following year;

b) The People's Committees of rural districts, urban districts, provincial capitals or towns shall submit their reports to the provincial/municipal People's Committees before January 31 of the following year;

c) The provincial/municipal People's Committees shall submit their reports to the Ministry of Natural Resources and Environment before February 15 of the following year.

5. The Minister of Defense and the Minister of Public Security shall have to direct the implementation and examine, inspect the implementation of plannings and plans on the use of land for defense or security purposes throughout the country.

Annually, the Ministry of Defense and the Ministry of Public Security shall have to report to the Government on the results of implementation of plans on the use of land for defense, security purposes by December 31 and at the same time send one copy to the Ministry of Natural Resources and Environment for synthesis; the deadline for submitting reports shall be before January 31 of the following year.

6. The Ministry of Natural Resources and Environment shall have to sum up the results of implementation of annual land use plans of the whole country for report thereon to the Government; the deadline for report submission shall be before March 15 of the following year.

7. The report on results of implementation of annual land use plans for the last year of the first-period land use plan must be enclosed with the general report on the implementation of the whole land use plan period.

The report on results of implementation of annual land use plans for the last year of the land use planning period must be enclosed with a general report on the implementation of the last-period land use plan and a general report on the implementation of the whole land use planning period.

Article 29.- Handling of land areas determined to be recovered or subject to use purpose change in the approved land use plans, which, however, after three (3) years, have not been materialized

1. State agencies competent to consider and approve land use plannings, plans may adjust the land use plannings or plans of the current period or the next period with regard to the land areas already determined to be recovered or subject to use purpose change in the publicized land use plans which, however, after three (3) years have not yet been materialized in the following cases:

a) The land areas for execution of works, investment projects in service of defense, security, national interests or public interests but there are not enough fundings for the execution thereof;

b) The land areas for execution of works, investment projects in service of economic development with investors being identified in the last year of the three-year time limit, which require the announcement of adjustment or cancellation of land use plans under the provisions of Clause 3, Article 29 of the Land Law.

2. For cases not prescribed in Clause 1 of this Article, the State agencies competent to consider and approve land use plannings, plans must publicize the cancellation of land use plans regarding the land areas already determined as being recovered or subject to use purpose change.

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