Directive No. 09/2007/CT-TTg on Strengthening Management and Use of Land in Planning and Investment Projects

DIRECTIVE

On strengthening land management for planning and investment projects

Regarding the plans and investment projects

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Since its issuance and coming into effect, the Land Law and guiding documents have truly been implemented in life, receiving particular attention from the people and initially achieving positive results. State management of land through planning tools and land use plans has been strengthened, contributing positively to the increasingly rational and effective distribution and utilization of land resources. The situation of allocating land, leasing land, and changing land use purposes outside of planning and land use plans has largely been eliminated. Most provinces and centrally-administered cities have established adjustments to land use plans until 2010 and five-year land use plans (2006-2010).

However, the establishment, review, approval, and implementation of planning and land use plans, as well as plans using land, generally have not been satisfactory. The quality of planning is still low, with many cases being detached from reality and having low feasibility. The phenomenon of suspended planning and suspended projects, along with many difficulties in compensation work and land clearance, is causing public concern, negatively affecting production stability and the livelihoods of residents in many places, delaying the progress of many investment projects, and leading to wastage of land. Violations of land laws are still numerous, especially regarding compensation, support, and resettlement when the state recovers land.

To strengthen land management for planning and investment projects and effectively address the aforementioned weaknesses, the Prime Minister requests:

1. The Ministry of Natural Resources and Environment shall take the lead and coordinate with relevant ministries and sectors to continue reviewing and proposing amendments and supplements to improve the legal system on land, particularly focusing on regulations concerning planning and land use plans; land allocation, land leasing, and permission to change land use purposes; compensation, support, and resettlement when the state recovers land; rights and obligations of land users in areas requiring changes in land use purposes or recovery for implementing investment projects according to planning.

2. The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Natural Resources and Environment and the Ministry of Construction to review regulations on economic and social development planning, land use planning, and construction planning to unify proposals for amendments and supplements towards clarifying the scope of each type of planning and the relationship between different types of planning, addressing overlaps, lack of consistency, and lack of synchronization among different types of planning.

3. The Ministry of Planning and Investment, the Ministry of Construction, the Ministry of Transport, and related ministries and sectors shall be responsible for reviewing land-using plans and projects, particularly industrial zones, export processing zones, economic zones, high-tech zones, new urban areas, transportation systems, and large-scale cultural and social infrastructure projects, and submit adjustment proposals to the Prime Minister for decision-making.

4. Provincial People's Committees and centrally-administered city People's Committees shall, within their authority, be responsible for:

a) Reviewing, amending, supplementing, and perfecting specific regulatory documents on land management, land prices, and the application of policies on compensation, support, job resolution, and resettlement when the state recovers land, adapting them to local realities;

b) Directing the establishment, adjustment, and approval of land use plans until 2010 and five-year land use plans (2006-2010) at the district and commune levels, ensuring completion by the second quarter of 2007. Encouraging the use of consulting units with high professional expertise to enhance the quality and feasibility of planning schemes;

c) Reviewing and handling land-use plans according to Clause 3, Article 29 of the 2003 Land Law. Each plan considered suspended must be evaluated and handled according to the following directions:

- Plans that can be implemented soon should be concentrated on resources to implement immediately, without delay;

- Plans deemed necessary but currently unable to be implemented should have their implementation timelines adjusted;

- Unreasonable and unfeasible plans should be decisively canceled;

- Publicly announcing adjustments and cancellations of plans through mass media.

Handling according to these directions must be completed before June 30, 2007, as decided by the National Assembly in Resolution No. 57/2006/QH11 dated June 29, 2006, on the national land use plan for 2006-2010. After this deadline, if any locality still has suspended plans, the Chairman of the provincial or centrally-administered city People's Committee will bear responsibility.

d) Abolishing and immediately stopping arbitrary regulations that limit the rights of land users in planned areas. When announcing plans to recover land for construction works and houses to implement planning, simultaneously announce resettlement plans linked to job resolution and stabilizing the lives of those whose land is recovered;

e) Reviewing and handling land-using projects according to Clause 12, Article 38 of the 2003 Land Law. Urging investors to use land. Decisively recovering land from projects where investors lack the ability to implement, and reallocating or leasing it to organizations or individuals capable and in need of land for investment projects;

f) Implementing compensation, support, job resolution, and resettlement policies when the state recovers land, ensuring the stability of the lives of those whose land is recovered. Leveraging the role of land development funds in proactively clearing land after plans are approved by competent authorities, creating ready land reserves for investors. Effectively addressing bottlenecks and delays in land clearance;

g) Rectifying land allocation and leasing activities, particularly carefully examining land usage needs, project effectiveness and feasibility, and investors' actual capabilities before deciding on land allocation and leasing.

5. The Ministry of Natural Resources and Environment, People's Committees of provinces and centrally governed cities shall regularly inspect the implementation of land planning and land use plans; the recovery of land, allocation of land, and leasing of land; compensation, support, and resettlement when the State recovers land to promptly prevent any violations.

The Ministry of Natural Resources and Environment shall be responsible for monitoring and inspecting the implementation and periodically reporting to the Prime Minister on the situation regarding the implementation of this Directive./.