Directive No. 01/CT-BTNMT on Strengthening Land Planning and Utilization Planning Work

DIRECTIVE

Regarding Strengthening Land Planning and Land Use Planning Work

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Implementing the Law on Land, land planning and land use planning work in recent years has been given attention and directed by all levels and sectors. The establishment of land use planning for the period 2001-2010 has been carried out at four levels: The land use planning to 2010 and the five-year land use plan (2006-2010) at the national level was approved by the National Assembly; for localities, all provinces and centrally governed cities have had their land use planning and plans reviewed by the Government; most administrative units at the district and commune levels have completed the establishment of land use planning to 2010.

Generally, the establishment of land use planning at all levels has gradually become systematic and has become an important tool for state management of land, ensuring a legal basis for land recovery, land allocation, land leasing, and permission to change land use purposes. Understanding the position and role of land planning and land use planning work and compliance with land planning and land use planning among all levels of government have improved. Through the establishment and implementation of land use planning, initial control over land use structure conversion has been achieved, basically meeting the demand for land for the country's industrialization and modernization process.

However, land planning and land use planning work in recent years still has certain limitations. The establishment and review of land use planning at all levels, especially at the district and commune levels, are still slow. Due to insufficient forecasting, the quality of land use planning has not been high, failing to meet practical requirements, thus requiring many adjustments. In directing the establishment of land use planning, there is a lack of close connection with overall socio-economic development planning, industry development planning, and construction planning. Some localities have not adequately allocated funds and human resources for land use planning. The inspection and supervision of the implementation of approved land use planning have not been made a regular task of People's Councils, particularly at the district and commune levels.

On August 13, 2009, the Government issued Decree No. 69/2009/NĐ-CP detailing additional provisions on land use planning, land prices, land recovery, compensation, support, and resettlement. Among these, regarding land planning and land use planning work, there have been many changes in guiding viewpoints, content, and methods of establishing land use planning to improve the quality of land use planning at all levels; maintaining and protecting paddy rice land, protective forest land, special-use forest land, nature conservation areas, and scenic spots to ensure national food security, protect landscapes and biodiversity; balancing the allocation of sufficient land for urban construction, industry, and infrastructure; simultaneously, the establishment of land use planning for the period 2011-2020 needs to build upon the results and learn from the experiences of implementing land use planning during the period 2001-2010.

To implement land use planning for the period 2011-2020 according to Decree No. 69/2009/NĐ-CP and achieve the above contents, the Minister of Natural Resources and Environment requests:

1. Summarizing land use planning work for the period 2001-2010

1.1. Provincial People's Committees shall direct the Department of Natural Resources and Environment to take the lead, coordinate with relevant departments and People's Committees of districts, towns, and cities under provincial jurisdiction to focus on summarizing land use planning and land use planning work for the period 2001-2010, based on which they should assess shortcomings, identify causes, and draw lessons to organize well the establishment, examination, approval, and management of land use planning and land use planning for the period 2011-2020. Summary reports must be submitted to the Land Management General Department before April 30, 2010, for consolidation.

1.2. The Land Management General Department shall take the lead in guiding localities in summarizing land use planning and land use planning work for the period 2001-2010 and consolidating summary reports to the Ministry of Natural Resources and Environment before May 31, 2010.

2. Establishing land use planning for the period 2011-2020

2.1. Provincial People's Committees:

- Establish a provincial steering committee for land use planning; direct relevant departments and People's Committees of districts, towns, and cities under provincial jurisdiction to carry out the establishment of land use planning to 2020 and the five-year initial land use plan (2011-2015) at all levels within their jurisdictions;

- Allocate adequate funding and staff with appropriate qualifications and expertise to undertake land use planning work at three levels (provincial, district, and commune) to ensure completion in 2010 as stipulated by land laws.

- Improve the quality of land use planning. Properly determine land use needs based on forecasts of socio-economic and environmental indicators of the locality. Land use planning must serve socio-economic development and environmental protection as effectively as possible. Provincial-level land use planning must maintain national land use targets, particularly paddy rice land use planning; at the same time, continue to allocate land use targets at the provincial level to the district level and guide districts in allocating land use targets to communes.

- Organize inspections of consulting units involved in land use planning to ensure compliance with regulations on conditions for practicing land use planning consultancy, methods, and content of land use planning at three levels (provincial, district, and commune).

- Organize reviews and direct the review of land use planning of subordinate administrative units to ensure completion in 2010 as stipulated by land laws.

2.2. Request the Director of the Land Management General Department:

- Rectify the work of land planning and land use plan formulation at all levels. Specify conditions for professionals to participate in land planning and land use plan formulation; guide localities in selecting consulting units for land planning and land use plans to ensure that selected officials and consulting units have sufficient capacity and expertise to meet new requirements regarding the content and methods of formulating land planning and land use plans at all levels.

- Organize training sessions and guidance for officials involved in land planning and land use planning within the Natural Resources and Environment sector, consulting units, and leaders of People's Committees at all levels.

- Monitor, urge, inspect, and resolve difficulties for localities in organizing land planning and land use planning at three levels (province, district, commune) to ensure quality and progress in accordance with land laws.

3. Strengthen management of land planning and land use plans.

3.1. The Provincial People's Committee shall be responsible for:

- Developing periodic inspection and supervision plans for the allocation of land, leasing of land, permission to change land use purposes, and land recovery according to approved land planning and land use plans. The Chairpersons of People's Committees at all levels shall bear primary responsibility for cases of improper land use not in accordance with approved land planning and land use plans in their respective localities.

- Direct the formation of specialized staff teams for land planning and land use planning at the Department of Natural Resources and Environment, District Natural Resources and Environment Offices, ensuring adequate numbers and professional qualifications to meet the demands of land planning and land use plan adjustment management.

3.2. The Director of the Land Management General Department shall be responsible for:

- Proposing organizational improvements for specialized agencies overseeing land planning and land use plans within the state machinery for land administration at all levels.

- Monitoring and inspecting provinces and centrally-administered cities in implementing land planning and land use plans for the period 2011-2020.

Periodically report to the Minister on the implementation of this Directive every quarter.