Circular No. 19/2009/TT-BTNMT detailing the establishment, adjustment, and review of land use planning and plans

CIRCULAR

Regulations on the establishment, adjustment, and review of land use planning and plans

Based on the Land Law dated November 26, 2003;

Pursuant to Decree No. 25/2008/NĐ-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

WHEREAS, Decree No. 181/2004/NĐ-CP dated October 29, 2004 of the Government on the implementation of the Land Law;

Pursuant to Decree No. 69/2009/NĐ-CP dated August 13, 2009 of the Government on additional provisions regarding land use planning, land prices, land recovery, compensation, support, and resettlement;

The Ministry of Natural Resources and Environment shall provide detailed regulations on the establishment, adjustment, and review of land use planning and plans as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the procedures and contents for establishing, adjusting, and reviewing national-level land use planning and plans; provincial-level land use planning and plans (hereinafter referred to as provincial level); district-level land use planning and plans (hereinafter referred to as district level); commune-level land use planning and plans (hereinafter referred to as commune level), and the publication and archiving of land use planning and plan files.

Territorial land use planning is part of the national-level land use planning.

2. The subjects to which this applies include state management agencies; specialized agencies on natural resources and environment; grassroots cadres in communes and organizations and individuals related to the matter.

Article 2. Establishment, Adjustment, and Review of Land Use Planning and Plans

1. The establishment and adjustment of land use planning and plans shall be carried out according to the provisions set forth in Articles 23, 25, 27, and Clause 3 of Article 29 of the Land Law; Articles 13, 14, 15, 16, 17, 18, 26, and 29 of Decree No. 181/2004/ND-CP dated October 29, 2004 of the Government on the Implementation of the Land Law (hereinafter referred to as Decree No. 181/2004/ND-CP); and Articles 3, 4, 5, 6, 7, and 8 of Decree No. 69/2009/ND-CP dated August 13, 2009 of the Government providing additional regulations on land use planning, land prices, land recovery, compensation, support, and resettlement (hereinafter referred to as Decree No. 69/2009/ND-CP).

2. The organization of the establishment and adjustment of land use planning and plans at lower levels shall be carried out during the period of the establishment and adjustment of land use planning and plans at higher levels.

Higher levels must determine land use indicators to allocate as a basis for lower levels to establish land use planning and plans.

3. Land use planning that has been decided and approved must be reviewed simultaneously with the assessment of the results of implementing the first five-year land use plan (called the initial land use plan) of the planning period; if it is necessary to adjust the land use planning, the adjustment of the land use planning shall be carried out simultaneously with the establishment of the last five-year land use plan (called the final land use plan) of the planning period.

4. For existing urban areas belonging to districts, towns, cities under provinces, wards, and towns that have detailed construction planning approved, where the detailed construction planning includes land use planning consistent with the provisions of the law on land, then the land use planning content in the detailed construction planning shall be used to compile into the higher-level land use planning and establish the land use plan of that level.

Article 3. System of Land Use Indicators in Land Use Planning and Plans

1. The national-level system of land use indicators includes:

2. The provincial-level system of land use indicators includes:

3. The district-level system of land use indicators includes:

4. The commune-level system of land use indicators includes:

5. The land use indicators prescribed in Clauses 1, 2, 3, and 4 of this Article shall be determined as follows:

a) Land for hazardous waste treatment and disposal (DRH) is land for constructing facilities to treat and dispose of harmful substances containing toxic elements, radioactive materials, flammable, explosive, corrosive, infectious, or other hazardous characteristics.

b) Infrastructure development land (DHT) is land for constructing transportation, irrigation, energy, postal and telecommunications, cultural facilities, health facilities, educational and training facilities, sports and physical education facilities, scientific research facilities, social service facilities, and markets.

c) Nature conservation area land (DBT) is land designated for biodiversity conservation in accordance with the laws on biodiversity.

d) Tourism area land (DDL) is land designated for tourism purposes in accordance with the laws on tourism.

đ) Rural residential area land (DNT) is mainly land for constructing houses, facilities serving daily life, public facilities, agricultural land attached to houses, and other types of land within the boundaries of rural residential areas in commune administrative territories.

The boundaries of rural residential areas are determined based on the boundaries of the outermost land plots with houses in villages, hamlets, ấp, bản, buôn, phum, sóc, and similar settlement points.

e) Urban land (DTD) includes: inner city land, inner town land, and town land.

g) Concentrated aquaculture land is land specifically used for aquaculture purposes; including brackish and saltwater aquaculture land and freshwater aquaculture land with a minimum area of ten (10) hectares.

Article 4. Documents, forms, samples, and planning maps for land use plans

1. Documents for land use planning and adjustment of land use planning:

a) Documents for land use planning and adjustment of land use planning shall be established in accordance with Clause 6 and Clause 7 of Article 16, Clause 4 and Clause 5 of Article 17, Clause 1 of Article 19, Clause 1 of Article 20, Clause 1 of Article 21, Clause 1 of Article 22, Clause 1 of Article 23, Clause 3 and Clause 4 of Article 26 of Decree No. 181/2004/NĐ-CP.

b) Documents for the initial land use plan shall be established together with documents for land use planning.

c) When establishing documents for the final land use plan and there is an adjustment to land use planning, the documents for the final land use plan shall be established together with documents for adjusting land use planning.

d) In cases of adjusting land use planning as stipulated in Clause 10 of Article 15 of Decree No. 181/2004/NĐ-CP, the documents for adjusting land use planning shall include:

- A proposal from the People's Committee responsible for establishing the land use plan to submit to the competent state agency for approval (accompanied by relevant tables of data related to the adjustment of land use planning);

- An extract from the land use planning map of the area being adjusted.

đ) Documents for land use planning in each period must be submitted to the reviewing authority no later than October 31 of the last year of the previous period.

2. Forms for establishing national land use planning shall be implemented according to Appendix 1, provincial level according to Appendix 2, district level according to Appendix 3, and commune level according to Appendix 4 issued along with this Circular.

3. Samples for establishing and adjusting land use planning shall be implemented according to Appendix 5, Appendix 6, Appendix 7, and Appendix 8 issued along with this Circular, specifically as follows:

a) Sample report on the explanation of land use planning and land use plans according to Appendix 5;

b) Sample proposal for approval of land use planning and land use plans according to Appendix 6;

c) Sample decision on approval of land use planning and land use plans according to Appendix 7;

d) Sample annual report on the situation and results of implementing land use planning and land use plans at provincial, district, and commune levels according to Appendix 8.

4. Maps in land use planning include current land use status maps, land use planning maps, thematic maps, and shall be carried out as follows:

a) Current land use status maps shall be based on land use status maps already established from the results of land surveys and supplementary investigations of land use indicators as stipulated in Article 3 of this Circular at the time of establishing land use planning and land use plans;

b) Land use planning maps shall be established at the same scale as current land use status maps;

c) Thematic maps shall be determined by the agency responsible for land use planning according to the actual needs of each locality.

Article 5. Protection of irrigated rice land in land use planning

The target for irrigated rice land in national land use planning shall be allocated to provinces, districts, and communes; for commune-level land use planning, the target for irrigated rice land must be reflected on cadastral maps and identified down to individual plots on the ground.

Chapter II

PROCEDURES AND CONTENT FOR ESTABLISHING AND ADJUSTING LAND USE PLANNING AT VARIOUS LEVELS

Mục 1. PROCEDURE AND CONTENTS FOR THE PREPARATION AND AMENDMENT OF NATIONAL LAND USE PLANS AND PLANNING

Article 6. Procedure and contents for the preparation of the initial national land use plan

1. Investigation, analysis, and evaluation of natural, economic, and social conditions throughout the country:

a) Investigation and collection of information and data on natural conditions and resources by territorial regions including geographical features, topography, geomorphology, climate, hydrology, soil, water resources, forests, minerals, marine resources, current environmental landscape status, and ecosystems;

b) Collection of information and data on the current economic and social status of the entire country including:

- Economic growth, structural transformation of the economy; actual development of various economic sectors;

- Population, labor force, employment, and income; customs related to land use;

- Distribution and level of development of cities and rural residential areas;

- Technical infrastructure such as transportation, irrigation, electricity, and social infrastructure including culture, healthcare, education-training, sports-recreation;

c) Collection of information on the current land use status of the entire country and each province;

d) Collection of information and data on economic and social development indicators of the entire country, territorial regions, and provinces;

đ) Collection of information, data, and maps regarding the planning for development of sectors and fields related to land use;

e) Analysis and evaluation of natural, economic, and social conditions and development planning indicators of sectors and fields that affect land use;

g) Analysis and evaluation of the impact of climate change (sea-level rise, desertification, water scarcity, floods, storms, saline intrusion, increased temperature,...) on land use.

2. Evaluation of land use situation, changes in land use, implementation results of the previous land use plan, and construction of current land use maps:

a) Evaluation of the land use situation and changes in land use of the entire country (specifically to each socio-economic region) according to land use purposes for the past ten (10) years as follows:

- For agricultural land, specific evaluation of paddy fields, protective forest land, special-use forest land, and nature reserve land;

- For non-agricultural land, specific evaluation of land used for defense and security purposes, urban land, industrial zones, scenic spots, land for hazardous waste disposal and landfill, and land for national-level infrastructure development.

b) Evaluation of the implementation results of the previous land use plan:

- Evaluation of the implementation results of land use planning indicators decided by the National Assembly;

- Evaluation of strengths, weaknesses, and reasons for existing issues in the implementation of the land use plan.

c) Construction of current land use maps for each socio-economic region and compilation into a national current land use map.

3. Evaluation of land potential and long-term orientation for land use:

a) Evaluation of land potential for agricultural and forestry production; industrial and urban development;

b) Long-term orientation for land use:

- Land use perspective for the next twenty (20) years and subsequent periods;

- Orientation for land use according to land use purposes and socio-economic regions.

4. Development of land use planning proposals:

a) Compilation and forecasting of land use needs during the planning period for ministries, sectors, and provinces, and land use needs to regulate the land market;

b) Determination of the capacity to meet land requirements forecasted at point a of this clause;

c) Determination of land area allocated for agricultural purposes, specifying rice field area, protective forest land, special-use forest land, and nature reserve land; land area allocated for non-agricultural purposes, specifying defense land, security land, urban land, industrial zones, hazardous waste disposal and landfill land, scenic spots, and land for national-level infrastructure development;

d) For each land use purpose specified at point c of this clause, determination of land area without changing the current land use purpose, and land area transferred from other purposes within the planning period;

đ) Specific allocation of land types defined at point c of this clause to each province;

e) Construction of land use planning maps for each socio-economic region and compilation into a national land use planning map.

5. Assessment of the impact of the land use planning proposal on the economy, society, and environment:

a) Impact on agricultural, industrial, tourism, and service development;

b) Economic assessment of the land use planning proposal based on projected revenue from land allocation, leasing, land use conversion, and compensation costs for resettlement;

c) Assessment of the ability to ensure food security of the land use planning proposal;

d) Social impact assessment of the land use planning proposal concerning housing fund resolution, impact on the livelihoods of households required to relocate, number of workers required to change professions due to land use conversion;

đ) Assessment of the rational exploitation of natural resources and the requirement for forest coverage expansion under the land use planning proposal;

e) Assessment of historical-cultural relic restoration, scenic spot preservation, and ethnic cultural conservation under the land use planning proposal;

g) Assessment of the degree of urbanization and the extent of meeting land use needs for national-level infrastructure development;

h) Strategic environmental assessment of the land use planning proposal carried out in accordance with laws on environmental protection.

6. Staging of land use planning and preparation of the initial land use plan:

a) Land categories determined in the land use planning proposal are allocated to the initial land use plan and the final land use plan;

b) Land use indicators in the initial land use plan determined at point a of this clause are specifically allocated to each year;

c) Projected budget revenue from land allocation, leasing, land use conversion, and expenditures for compensation, support, and resettlement.

d) Determine the list of important national projects in the initial land use plan.

7. Propose solutions for implementing the land use plan, including:

a) Policy solutions;

b) Resource and investment capital solutions;

c) Science and technology solutions;

d) Land protection, improvement, and environmental protection solutions;

đ) Organizational implementation solutions.

Article 7. Procedures and contents for establishing the final national land use plan period

1. Investigation and collection of information and data:

a) Conduct investigations and collect additional information and data on natural conditions, economy, society, and environment nationwide to serve the establishment of the final land use plan period;

b) Collect information and data on the implementation status of the initial land use plan period;

c) Collect information and data on the current land use status nationwide and in each province.

2. Analysis and evaluation of the results of implementing the initial national land use plan period:

a) Evaluate the results of implementing the land use plan indicators decided by the National Assembly;

b) Assess the strengths, weaknesses, and reasons for existing issues in the implementation of the land use plan.

3. Establishing the final land use plan period:

a) Identify the unfulfilled indicators for the allocated land area for various uses in the initial land use plan period;

b) Summarize the indicators that need to be implemented in the final land use plan period, including those specified in point a of this clause and the indicators of the final land use plan already determined at point a of Clause 6, Article 6 of this Circular;

c) Identify the indicators specified in point b of this clause that have the potential to be implemented and allocate them in the final land use plan period.

For indicators that cannot be implemented, if they fall under the cases stipulated in Clause 1, Article 27 of the Land Law, then the land use plan must be adjusted; the adjustment of the land use plan shall be carried out according to the provisions of Clause 1, Article 8 of this Circular;

d) The land use indicators of the final land use plan period are specifically allocated to each year;

đ) Estimate budget revenue from land allocation, land leasing, land use purpose conversion, and expenses for compensation, support, and resettlement;

e) Determine the list of important national projects in the planning period.

4. Propose solutions for implementing the final land use plan period as provided for in Clause 7, Article 6 of this Circular.

Article 8. Procedures and contents for adjusting the national land use plan

1. Adjusting the land use plan:

a) Investigate, analyze, and evaluate the impact of factors changing the land use structure during the land use plan period that has been decided;

b) Develop an adjustment plan for allocating land funds according to the intended use as specified in point c, Clause 4, Article 6 of this Circular for the remaining time of the land use plan period and specify it for each province;

c) Develop a map for adjusting the national land use plan.

2. Adjusting the land use plan:

a) Analyze and evaluate the results of implementing the plan indicators up to the time of adjusting the national land use plan according to the contents stipulated in Clause 2, Article 7 of this Circular;

b) Summarize the unfulfilled indicators for the allocated land area for various uses up to the time of adjusting the national land use plan;

c) Determine the total indicators in the adjustment plan for the land use plan including those specified in point b of this clause and other indicators that need adjustment;

d) Identify the indicators specified in point c of this clause that have the potential to be implemented and allocate them in the remaining time of the plan period; indicators that cannot be implemented should be adjusted to the next plan period or declared canceled;

đ) The land use indicators of the adjustment plan for the land use plan are specifically allocated to each remaining year of the plan period;

e) Estimate budget revenue from land allocation, land leasing, land use purpose conversion, and expenses for compensation, support, and resettlement;

g) Determine the list of important national projects in the remaining time of the plan period;

h) Propose solutions as provided for in Clause 7, Article 6 of this Circular suitable for organizing the implementation of the adjustment plan for the land use plan.

Section 2. PROCEDURE AND CONTENTS FOR THE PREPARATION AND AMENDMENT OF LAND USE PLANNING AND LAND USE PLANS AT THE PROVINCE LEVEL

Article 9. Procedure and contents for preparing land use planning and land use plans for the initial period at the province level

1. Investigation, analysis, and evaluation of natural, economic, and social conditions:

a) Conduct investigations and collect information and data as stipulated in point a, Clause 1, Article 6 of this Circular within the provincial territory;

b) Collect information and data on the current economic and social status of the province according to the contents prescribed in point b, Clause 1, Article 6 of this Circular;

c) Collect information on the current land use status of the province and of directly subordinate administrative units;

d) Collect information and data on economic and social development indicators related to land use in the province;

đ) Collect information on national-level land use planning and plans; land use planning and plans of directly subordinate districts that have been decided and approved;

e) Collect information, data, and maps of development planning from various sectors and fields within the provincial territory;

g) Analyze and evaluate natural, economic, and social conditions and development planning indicators of various sectors and fields affecting land use within the provincial territory;

h) Analyze and evaluate the impact of climate change (sea level rise, desertification, water scarcity, floods, storms, saltwater intrusion, temperature increase, etc.) on land use.

2. Evaluation of land use situation, changes in land use, implementation results of the previous land use plan, and construction of current land use maps:

a) Evaluate the situation of land use and changes in land use of the province over the past ten (10) years, including:

- Agricultural land group, with specific evaluations for paddy fields, protective forest land, special-use forest land, natural conservation area land, perennial crop land, production forest land, and concentrated aquaculture land;

- Non-agricultural land group, with specific evaluations for defense land, security land, urban land, industrial zone land (including industrial clusters), land for hazardous waste disposal and burial; land for construction of provincial agency headquarters and public works; land for national and provincial infrastructure development; land for mineral activities; religious and belief land; provincial-managed cemetery and graveyard land; cultural relic and tourist site land;

- Unused land group, with specific evaluations for unused flat land, unused hill and mountain land, and bare rock mountains without trees.

b) Evaluate the results of implementing land use planning indicators approved by competent state agencies, including:

- Indicators allocated by the central government;

- Indicators determined by the provincial government;

- Evaluation of strengths, weaknesses, and reasons for existing issues in the implementation of land use planning.

c) Prepare a map of the current land use status.

3. Evaluation of land potential and long-term orientation for land use:

a) Assess the potential of land for agricultural and forestry production; industrial, urban, and tourism development;

b) Long-term orientation for land use:

- Land use perspective for the next twenty (20) years and subsequent periods;

- Determine land use directions based on intended purposes.

4. Development of land use planning proposals:

a) Aggregate and forecast land demand during the planning period for district-level administrative units and various sectors and fields within the provincial territory; clearly identifying land demands for public welfare goals, social policies, and resettlement;

b) Specifically determine the areas of various types of land in the province that have been allocated by the central government;

c) Determine the capacity to meet land demands identified in points a and b of this clause;

d) Determine the area of land to be allocated for provincial economic and social development needs, specifying the area of agricultural land, including perennial crop land, production forest land, and concentrated aquaculture land; non-agricultural land, including land for agency headquarters and public works construction, industrial clusters, hazardous waste disposal and burial land, mineral activity land, religious and belief land, provincial-managed cemetery and graveyard land, cultural relic and tourist site land, and provincial infrastructure development land;

đ) For each land use purpose specified in points b and d of this clause, determine the area of land that will not change its use purpose compared to the current land use status, and the area of land transitioning from other purposes during the planning period;

e) Determine the area of land changing use purpose that requires permission from competent state agencies to meet provincial needs;

g) Determine the area of unused land to be put into use for agricultural and non-agricultural purposes;

h) The areas of land specified in points b, d, e, and g of this clause are specifically allocated to each district-level administrative unit;

i) Prepare a map of the land use planning.

5. Evaluate the impact of the land use planning scheme on the economy, society, and environment as stipulated in points a, b, c, d, đ, e, and g, Clause 5, Article 6 of this Circular.

6. Phased land use planning and preparation of the initial land use plan

a) Allocate land use indicators by purpose, the area of land required to change use purpose, and the area of unused land to be put into use for the initial land use plan and the final land use plan;

b) Land use indicators in the initial land use plan determined in point a of this clause are specifically allocated to each year;

c) Identify the list of important provincial projects in the initial land use plan;

d) Estimate budget revenue from land allocation, leasing, changing land use purpose, and expenditures for compensation, support, and resettlement in the province.

7. Propose measures to organize the implementation of land use planning and plans as stipulated in Clause 7, Article 6 of this Circular.

Article 10. Procedures and contents for preparing the final land use plan at the provincial level

1. Investigation and collection of information and data:

a) Conduct surveys and collect additional information and data on natural conditions, economic, and social circumstances of the province to serve the preparation of the final land use plan.

b) Collect information and data on the implementation status of the initial land use plan period;

c) Collect information and data on the current land use status of the province and its districts.

2. Evaluate the results of implementing the previous land use plan period:

a) Evaluate the outcomes of achieving the land use plan indicators that have been reviewed and approved by competent state authorities, including:

- Indicators allocated by the central government;

- Indicators determined by the provincial level.

b) Assess the strengths, weaknesses, and reasons for existing issues in the implementation of the land use plan.

3. Establishing the final land use plan period:

a) Identify the unfulfilled indicators for the allocated land area for various uses and the land area required to change land use purposes between different types of land in the initial land use plan period.

b) Summarize the indicators needed to be implemented in the final land use plan period, which include the indicators specified in point a of this clause and the indicators of the final land use plan period already identified in point a of Clause 6, Article 9 of this Circular.

c) Identify the indicators specified in point b of this clause that have the potential to be implemented and allocate them in the final land use plan period.

For indicators that cannot be realized, and those requiring adjustment under the provisions of Clause 1, Article 27 of the Land Law, the land use planning must be adjusted; such adjustments shall be carried out according to the provisions of Clause 1, Article 11 of this Circular.

d) The land use indicators of the final land use plan period are specifically allocated to each year;

d) Identify the list of projects and works of provincial significance during the planning period.

e) Estimate budget revenue from land allocation, land leasing, land use purpose conversion, and expenditures for compensation, support, and resettlement within the province.

4. Propose solutions for implementing the final land use plan period as provided for in Clause 7, Article 6 of this Circular.

Article 11. Procedures and contents for adjusting land use planning and plans at the provincial level

1. Adjusting the land use plan:

a) Investigate, analyze, and assess the degree of impact of factors changing the land use structure in the provincial land use planning period that has been reviewed.

b) Develop adjustment schemes for allocating land funds remaining in the specific land use planning period to each district administrative unit for land use purposes specified in points d, đ, and e of Clause 4, Article 9 of this Circular.

c) Prepare the adjusted land use planning map.

2. Adjusting the land use plan:

a) Analyze and evaluate the results of achieving the plan indicators up to the time of adjusting the provincial land use plan according to the contents stipulated in Clause 2, Article 10 of this Circular.

b) Summarize the unfulfilled indicators for the allocated land area for various uses and the land area required to change land use purposes up to the time of adjusting the provincial land use plan.

c) Determine the total indicators in the adjustment plan for the land use plan including those specified in point b of this clause and other indicators that need adjustment;

d) Determine the indicators specified in point c of this clause that can be achieved to allocate in the remaining time of the planning period; indicators that cannot be achieved will be adjusted for the next planning period or declared void.

đ) The land use indicators of the adjusted land use plan are specifically allocated to each remaining year of the planning period.

e) Identify the list of projects and works of provincial significance in the remaining time of the planning period.

g) Adjust the estimated budget revenue from land and expenditures for land according to the content specified in point e of Clause 2, Article 10 of this Circular.

h) Propose solutions as provided for in Clause 7, Article 6 of this Circular suitable for organizing the implementation of the adjustment plan for the land use plan.

Section 3. PROCEDURES AND CONTENTS FOR PREPARING AND ADJUSTING LAND USE PLANNING AND PLANS AT THE DISTRICT LEVEL

Article 12. Procedures and contents for preparing land use planning and initial land use plan at the district level

1. Investigation, analysis, and evaluation of natural, economic, and social conditions:

a) Collecting information and data as prescribed in point b, Clause 1, Article 6 of this Circular on the district's territory;

b) Collecting information and data on the current economic and social conditions of the district as prescribed in point c, Clause 1, Article 6 of this Circular;

c) Collecting information and data on the current land use status of the district and of directly subordinate administrative units;

d) Collecting information and data on economic and social development indicators related to land use in the district;

đ) Collecting information and data on provincial-level land use planning and plans, and the previous land use planning and plans of directly subordinate communes that have been reviewed and approved;

e) Collecting information, data, and maps of development plans of various sectors and fields within the district;

g) Evaluating natural, economic, and social conditions, and climate change impacts on land use as prescribed in points g and h, Clause 1, Article 9 of this Circular.

2. Evaluation of land use situation, changes in land use, implementation results of the previous land use plan, and construction of current land use maps:

a) Assessing the land use situation and changes in land use of the district for the ten (10) year period including:

- Agricultural land group, specifically assessing paddy fields, perennial crop land, protective forest land, special-use forest land, production forest land, nature conservation area land, aquaculture land (including concentrated and non-concentrated aquaculture land), salt-making land;

- Non-agricultural land group, specifically assessing defense land, security land, urban land, rural residential area land, industrial zone land (including industrial clusters), construction land for agency headquarters and public works (at both provincial and district levels), land for hazardous waste disposal and burial, land for mineral activities, business production base land, building material production land, pottery land, religious and belief land, cemetery land (managed by the province and district), scenic spot land, tourism area land, specialized water body land, and infrastructure development land (of national, provincial, and district importance);

- Unused land group, specifically assessing unused flat land, unused hill and mountain land, and bare rock without trees;

b) Evaluation of the implementation results of the previous land use plan:

- Assessing the results of implementing land use planning targets that have been reviewed and approved by competent state agencies, including targets allocated by the province and those determined by the district;

- Evaluation of strengths, weaknesses, and reasons for existing issues in the implementation of land use planning.

c) Prepare a map of the current land use status.

3. Evaluation of land potential and long-term orientation for land use:

a) Assessing the potential of land for agricultural and forestry production; industrial development, urban development, rural residential area construction, and tourism;

b) Long-term orientation for land use:

- Land use perspective for the next twenty (20) years and subsequent periods;

- Determine land use directions based on intended purposes.

4. Development of land use planning proposals:

a) Summarizing and forecasting land use needs during the planning period for commune-level administrative units and various sectors and fields in the locality; clearly identifying land use needs for public welfare goals, social policies, and resettlement;

b) Specifically determining the areas of different types of land in the district that have been allocated by the province;

c) Determine the capacity to meet land demands identified in points a and b of this clause;

d) Determining the area of land to be allocated for economic and social development needs of the district, including specific land use planning schemes for agricultural land (clarifying scattered aquaculture land, salt-making land); non-agricultural land (clarifying construction land for district-level agency headquarters and public works, land for hazardous waste disposal and burial, business production base land, building material production land, pottery land, specialized water body land, cemetery land managed by the district, and district-level infrastructure development land);

đ) For each land use purpose specified in points b and d of this clause, determine the area of land that will not change its use from the current status; the area of land converted from other uses during the planning period;

e) Determining the area of land changing use that requires permission from competent state authorities to meet the district's needs;

g) Determine the area of unused land to be put into use for agricultural and non-agricultural purposes;

h) The areas of land specified in points b, d, e, and g of this clause are specifically allocated to each commune-level administrative unit;

i) Prepare a map of the land use planning.

5. Evaluating the impact of the land use planning scheme on the economy, society, and environment as prescribed in points a, b, d, đ, and e of Clause 5, Article 6 of this Circular;

6. Staging of land use planning and preparation of the initial land use plan:

a) Allocate land use indicators by purpose, the area of land required to change use purpose, and the area of unused land to be put into use for the initial land use plan and the final land use plan;

b) Land use targets in the initial land use plan determined in point a of this clause are specifically allocated to each year;

c) Identifying important county-level projects and works in the initial land use plan;

d) Estimating budget revenue from land allocation, land leasing, land use conversion, and expenditures for compensation, support, and resettlement in the district;

7. Proposing solutions as stipulated in Clause 7, Article 6 of this Circular suitable for organizing the implementation of land use planning and plans at the district level.

Article 13. Procedures and contents for establishing the final land use plan at the district level

1. Investigation and collection of information and data:

a) Conduct surveys and collect additional information and data on natural, economic, and social conditions of the district to serve the establishment of the final land use plan.

b) Collect information and data on the implementation status of the initial land use plan period;

c) Collect information and data on the current status of land use in the district and its communes.

2. Evaluate the results of implementing the previous land use plan at the district level:

a) Evaluate the outcomes of achieving the land use plan indicators that have been reviewed and approved by competent state authorities, including:

- Indicators allocated by the provincial level;

- Indicators determined by the district level.

b) Assess the strengths, weaknesses, and causes of existing issues in the implementation of the land use plan.

3. Establishing the final land use plan period:

a) Determine the unfulfilled indicators for the allocated land areas for various uses and the land areas required to change purposes between types of land according to the initial land use plan.

b) Compile the indicators that need to be implemented in the final land use plan including the indicators specified in point a of this clause and the indicators of the final land use plan already determined in point a of Clause 6, Article 12 of this Circular.

c) Identify the indicators stipulated in Clause 2 of this Article that have the potential to be implemented and allocate them in the final land use plan.

For indicators that cannot be implemented, those requiring adjustment under Clause 1 of Article 27 of the Land Law must adjust the land use planning; such adjustments shall be carried out in accordance with Clause 1 of Article 14 of this Circular.

d) The land use indicators of the final land use plan period are specifically allocated to each year;

d) Identify the list of projects and works of significant importance at the district level during the planning period.

e) Estimate budget revenue from land allocation, land leasing, land purpose conversion, and expenses for compensation, support, and resettlement in the district.

4. Propose solutions to implement the final land use plan in accordance with Clause 7, Article 6 of this Circular.

Article 14. Procedures and contents for adjusting land use planning and plans at the district level

1. Adjusting the land use plan:

a) Investigate, analyze, and evaluate the degree of impact of factors changing the land use structure within the approved land use planning period of the district.

b) Develop adjustment schemes for allocating land funds remaining in the specific land use planning period to each commune for the purposes of land use as specified in points d, đ, and e of Clause 4, Article 12 of this Circular.

c) Prepare maps for adjusting the land use planning at the district level.

2. Adjusting the land use plan:

a) Analyze and evaluate the results of implementing the plan indicators up to the time of adjusting the land use plan of the district according to the contents stipulated in Clause 2 of Article 13 of this Circular.

b) Determine the unfulfilled indicators for the allocated land areas for various uses and the land areas required to change purposes up to the time of adjusting the land use plan of the district.

c) Compile the indicators in the adjusted land use plan scheme including the indicators specified in point b of this clause and the indicators needing adjustment.

d) Determine the indicators specified in point c of this clause that can be achieved to allocate in the remaining time of the planning period; indicators that cannot be achieved will be adjusted for the next planning period or declared void.

đ) The land use indicators of the adjusted land use plan are specifically allocated to each remaining year of the planning period.

e) Identify the list of projects and works of significant importance at the district level during the remaining period of the planning period.

g) Estimate budget revenue from land and expenses for land according to the content stipulated in point e of Clause 3, Article 13 of this Circular.

h) Propose solutions as provided for in Clause 7, Article 6 of this Circular suitable for organizing the implementation of the adjustment plan for the land use plan.

Mục 4. PROCEDURE AND CONTENT OF THE PREPARATION OF LAND USE PLANNING AND LAND USE PLAN AT THE COMMUNE LEVEL

Article 15. Procedure and content for preparing land use planning and initial land use plan at the commune level

1. Investigation, analysis, and evaluation of natural, economic, and social conditions of the commune:

a) The investigation, analysis, and evaluation of information and data of the commune for preparing the initial land use planning and land use plan shall be carried out according to the contents stipulated in points a, b, c, d, and e of Clause 1, Article 12 of this Circular;

b) Collecting information and data on the land use planning and land use plans of the district that have been approved;

c) Collecting information and data on cadastral maps and other types of maps of the commune;

d) Evaluating natural, economic, and social conditions, as well as climate change impacts on land use in the commune, in accordance with points g and h of Clause 1, Article 9 of this Circular.

2. Evaluation of land use situation, changes in land use, implementation results of the previous land use plan, and construction of current land use maps:

a) Evaluating the situation and changes in land use during the previous ten (10) years, including:

- Agricultural land group, specifically evaluating paddy fields, upland rice fields, remaining annual crop land, perennial crop land; production forest land, protective forest land, special-use forest land, natural conservation area land; aquaculture land; salt production land, and other agricultural land;

- Non-agricultural land group, specifically evaluating urban land; rural residential area land; construction land for administrative offices and public works; defense land; security land; industrial zone land; land for mineral activities; construction material and ceramic production land; non-agricultural business land; infrastructure development land; river, stream, and specialized water body land; religious and belief land; cemetery land, and other non-agricultural land;

- Unused land group, with specific evaluations for unused flat land, unused hill and mountain land, and bare rock mountains without trees.

b) Evaluating the implementation results of the previous land use planning period

- Evaluating the implementation results of land use planning indicators approved by competent state authorities;

- Evaluating the strengths, weaknesses, and causes of existing issues in implementing the land use planning.

c) Prepare a map of the current land use status.

3. Evaluating land potential to serve the restructuring of land use; expanding residential areas and developing communal infrastructure.

4. Development of land use planning proposals:

a) Summarizing and forecasting land demand during the planning period of the commune; clarifying land demand for public welfare and social policy objectives;

b) Determining the specific area of each type of land within the commune allocated by the district;

c) Determine the capacity to meet land demands identified in points a and b of this clause;

d) Determining the area of land to allocate for economic and social development needs of the commune, the land use planning scheme must specify: the area of upland rice fields, remaining annual crop land, other agricultural land, land for commune administrative offices and public works, cemeteries managed by the commune, river, stream land, commune infrastructure development land, and other non-agricultural land;

đ) For each land use purpose specified in points b and d of this clause, determine the area of land that will not change its use purpose compared to the current land use status, and the area of land transitioning from other purposes during the planning period;

e) Determining the area of land changing its purpose of use that requires permission from competent state authorities to meet commune needs;

g) Determine the area of unused land to be put into use for agricultural and non-agricultural purposes;

h) Preparing the commune-level land use planning map.

5. Evaluating the impact of the land use planning scheme on the economy and society:

a) Evaluating the effectiveness of revenue and expenditure from land use purpose conversion under the land use planning scheme; evaluating the economic efficiency of land use structure adjustment within the commune; the impact of the land use planning scheme on the process of industrialization and modernization of agriculture and rural areas;

b) Evaluating the resolution of housing funds, the ability to provide agricultural production land, income levels for rural communes not included in urban development areas;

Evaluating the impact on the livelihoods of households required to relocate their residences, the number of workers losing jobs due to land expropriation, and the number of new jobs created through land use structure adjustment for communes within urban development planning areas.

c) Evaluating the preservation of historical-cultural relics and scenic spots within the commune; evaluating the preservation of ethnic identity for communes in minority ethnic regions.

6. Staging of land use planning and preparation of the initial land use plan:

a) Allocate land use indicators by purpose, the area of land required to change use purpose, and the area of unused land to be put into use for the initial land use plan and the final land use plan;

b) Land use targets in the initial land use plan determined in point a of this clause are specifically allocated to each year;

c) Identifying the list of projects and works of significant importance at the commune level in the initial land use plan.

7. Proposing solutions to organize the implementation of land use planning and initial land use plan in accordance with Clause 7, Article 6 of this Circular, and solutions to determine the actual boundaries for the area of paddy fields, protective forest land, and national special-use forest land allocated from higher levels.

Article 16. Procedures and contents for preparing the final land use plan at the commune level

1. Investigation and collection of information and data:

a) Conduct surveys and collect additional information on natural, economic, and social conditions of the commune to serve the preparation of the final land use plan.

b) Collect information and data on the implementation status of the initial land use plan period;

c) Collect information and data on the current status of land use in the commune.

2. Evaluate the results of implementing the previous land use plan period:

a) Evaluate the results of implementing land use plan indicators that have been approved by competent state authorities, including:

- Indicators allocated by the district level;

- Indicators determined by the commune.

b) Assess the strengths, weaknesses, and reasons for existing issues in the implementation of the land use plan.

3. Establishing the final land use plan period:

a) Determine the total land use indicators needed to be implemented for the final land use plan according to the provisions set out in point a and point b, Clause 3, Article 13 of this Circular;

b) Aggregate the indicators specified in point a of this clause that are feasible to arrange within the final land use plan.

Identify the unfeasible indicators and those requiring adjustment under the provisions of Clause 1, Article 27 of the Land Law, then adjust the land use planning accordingly.

c) The land use indicators of the final land use plan are specifically allocated to each year;

d) Determine the list of projects and works of significant importance to the commune during the planning period.

4. Propose solutions for implementing the final land use plan period as provided for in Clause 7, Article 6 of this Circular.

Article 17. Procedures and contents for adjusting land use planning and plans at the commune level

1. Adjusting the land use plan:

a) Conduct surveys, analyze, and evaluate the impact of factors changing the structure of land use during the commune's land use planning period that has been approved;

b) Develop adjustment schemes for allocating land funds remaining in the planning period for the purposes of land use as stipulated in points d, đ, and e, Clause 4, Article 15 of this Circular;

c) Prepare the adjusted land use planning map.

2. Adjusting the land use plan:

a) Analyze and evaluate the results of implementing the land use plan indicators up to the time of adjusting the commune's land use plan according to the provisions set out in Clause 2, Article 16 of this Circular;

b) Determine the unimplemented indicators for the area of land allocated for various uses and the area of land required to change its purpose up to the time of adjusting the land use plan;

c) Aggregate the indicators in the adjusted land use plan scheme including the indicators specified in point b of this clause and other indicators requiring adjustment;

d) Determine the indicators specified in point c of this clause that can be achieved to allocate in the remaining time of the planning period; indicators that cannot be achieved will be adjusted for the next planning period or declared void.

đ) The land use indicators of the adjusted land use plan are specifically allocated to each remaining year of the planning period.

e) Determine the list of projects and works of significant importance to the commune during the remaining period of the planning period;

g) Propose solutions as stipulated in Clause 7, Article 6 of this Circular.

Chapter III

REVIEW OF LAND USE PLANNING AND LAND USE PLANS

Article 18. Contents of reviewing land use planning

1. Legal basis and scientific foundation for preparing land use planning:

a) Evaluate compliance with legal documents regulating procedures, contents, and files for preparing land use planning;

b) Evaluate the reliability of information, data, and figures used in preparing land use planning; the basis for calculating land use planning indicators.

2. Degree of compatibility of land use planning schemes with national strategies for socio-economic development, defense, and security; sectoral and regional development plans:

a) For national-level land use planning, evaluate the degree of compatibility with national strategies for socio-economic development, defense, and security, and sectoral development plans;

b) For provincial-level land use planning, evaluate the degree of compatibility with national-level land use planning indicators, provincial comprehensive socio-economic development plans; land use planning for defense and security purposes within the province; sectoral development plans at the local level;

c) For district-level land use planning, evaluate the degree of compatibility with provincial-level land use planning indicators, district-level comprehensive socio-economic development plans.

In cases where there is no district-level comprehensive socio-economic development plan, evaluate the degree of compatibility of land use planning with the direction of socio-economic development of the district as reflected in the resolution of the People's Council;

d) For commune-level land use planning, evaluate the degree of compatibility with district-level land use planning indicators, resolutions of the Commune People's Council on socio-economic development.

3. Review of economic, social, and environmental effectiveness:

a) Economic effectiveness of the land use planning scheme for agricultural, industrial, tourism, and service development;

b) Economic effectiveness of the land use planning scheme based on projected revenues from land allocation, land leasing, land use purpose conversion, and costs for compensation, support, and resettlement;

c) Requirements for ensuring food security in the land use planning scheme;

d) Social effectiveness of the land use planning scheme regarding housing land provision, land for public welfare purposes, the impact on the lives of households needing relocation, number of workers losing jobs due to land expropriation, and new job creation from land use structure changes;

đ) Compatibility of the land use planning scheme with requirements for rational exploitation of natural resources, forest development, and environmental protection;

e) Requirements for restoring historical-cultural relics, scenic spots, and preserving ethnic cultures in the land use planning scheme.

4. Review of the feasibility of land use purpose conversion, potential for utilizing unused land for various purposes; scientific and practical foundations for organizing implementation of land use planning.

Article 19. Content of the review of the land use plan

1. Reviewing the consistency of data between the land fund allocation scheme in the land use plan with the land fund allocation scheme for five years corresponding to the approved land use planning.

2. Reviewing the degree of suitability of the annual land fund allocation scheme in the land use plan with the land demand for economic and social development over five years, annually, nationwide or locally, and by sectors.

3. Reviewing the feasibility of the land use plan including the ability to invest in implementing projects during the land use plan period, the ability to carry out land recovery, and organizational measures to implement the land use plan.

Article 20. Content of the review of the adjustment of the land use planning and plan

The content of reviewing the adjustment of the land use planning and plan shall be carried out in accordance with Articles 18 and 19 of this Circular.

Article 21. Review Board for Land Use Planning and Plan

The leading agency for reviewing the land use planning and plan decides on the composition and number of members participating in the review board. The structure of the review board includes representatives from state management agencies, specialized agencies, professional associations, experts, and related scientists.

Article 22. On-site Inspection and Survey for Reviewing Land Use Planning and Plan

1. During the review of the land use planning and plan, the leading agency for reviewing organizes on-site inspection and survey at the locality where the planning and plan are established.

2. Contents of inspection and survey include:

a) Procedures and formalities for establishing the land use planning and plan;

b) Ensuring land use indicators allocated by higher-level land use planning and plan in the local land use planning and plan scheme;

c) Rationality of land use structure relative to the local economic and social development structure;

d) Suitability of areas proposed for land use purpose conversion in the land use planning and plan scheme;

e) Other contents of the land use planning and plan scheme.

Article 23. Funding for Organizing the Review of Land Use Planning and Plan

1. The main investor in establishing the land use planning and plan is responsible for transferring the review organization funding determined in the planning and plan establishment budget to the leading agency for reviewing the land use planning and plan at the time of submitting the review application in accordance with the law.

2. The review funding for the land use planning and plan is allocated for the following purposes:

a) Organizing review meetings and boards;

b) Soliciting opinions from organizations, experts, and scientists;

c) Conducting on-site inspection work;

d) Printing and office supplies;

e) Other expenses related to the review work.

Chapter IV

ANNOUNCEMENT OF LAND USE PLANNING AND PLAN AND STORAGE OF PLANNING AND PLAN FILES

Article 24. Announcement of Land Use Planning and Plan

1. Documents for announcing the land use planning and plan include:

a) Decision approving the land use planning and plan; decision approving the adjustment of the land use planning and plan;

b) Comprehensive explanatory report on the land use planning and plan; comprehensive explanatory report on the adjustment of the land use planning and plan;

c) Map of the land use planning; map of the adjusted land use planning.

2. The announcement of the documents specified in Clause 1 of this Article shall be implemented in accordance with Clauses 1, 2, 3, and 5 of Article 27 of Decree No. 181/2004/NĐ-CP.

Article 25. Archiving Planning and Land Use Plans Documents

1. The planning and land use plans documents to be archived include:

a) Decision approving the land use planning and plan; decision approving the adjustment of the land use planning and plan;

b) Comprehensive explanatory reports on planning and land use plans; comprehensive explanatory reports on adjusted planning and land use plans (printed on paper and digital versions);

c) Land use planning maps, adjusted land use planning maps (printed on paper and digital versions);

d) Current land use status maps (printed on paper and digital versions);

đ) Relevant documents during the process of drafting, reviewing, approval by People's Councils, and submission to competent authorities for examination and approval.

2. The quantity and storage locations for planning and land use plans documents are specified as follows:

a) National-level planning and land use plans documents are stored one (01) set at the National Assembly Office; one (01) set at the Government Office; two (02) sets at the Ministry of Natural Resources and Environment;

b) Provincial-level planning and land use plans documents are stored two (02) sets at the Ministry of Natural Resources and Environment; one (01) set at the Provincial People's Committee; one (01) set at the Department of Natural Resources and Environment;

c) District-level planning and land use plans documents are stored one (01) set at the Provincial People's Committee; one (01) set at the Department of Natural Resources and Environment; one (01) set at the District People's Committee; one (01) set at the District Natural Resources and Environment Office;

d) Planning and land use plans documents of communes, towns, and villages within urban development areas are stored one (01) set at the Provincial People's Committee; one (01) set at the Department of Natural Resources and Environment; one (01) set at the District People's Committee; one (01) set at the District Natural Resources and Environment Office; one (01) set at the Commune People's Committee where the planning is located.

Planning and land use plans documents of communes not within urban development areas are stored one (01) set at the District People's Committee; one (01) set at the District Natural Resources and Environment Office; one (01) set at the Commune People's Committee.

Chapter V

IMPLEMENTATION

Article 26. Implementation Provisions

1. This Circular takes effect from December 17, 2009.

2. This Circular replaces Circular No. 30/2004/TT-BTNMT dated November 1, 2004 of the Ministry of Natural Resources and Environment on guiding the preparation, adjustment, and review of land use planning and plans.

Article 27. Report on the Implementation Results of Land Use Plans

Annual reporting on the implementation results of land use plans by people's committees at all levels shall be carried out in accordance with Clause 4 and Clause 7 of Article 28 of Decree No. 181/2004/NĐ-CP. The content of the report shall follow the model prescribed in Appendix 8 issued together with this Circular.

Article 28. Responsibility for Implementation

1. The Chairman of the Provincial People's Committee directs the preparation and adjustment of planning and land use plans; organizes the implementation of planning and land use plans at the local level in accordance with this Circular.

2. The Director of the Department of Natural Resources and Environment is responsible for assisting the Provincial People's Committee; the Head of the Natural Resources and Environment Office is responsible for assisting the District People's Committee; cadres in charge of land administration are responsible for assisting the Commune People's Committee in organizing the implementation of this Circular.

3. The Director General of the Land Management Agency is responsible for guiding, inspecting, and urging the implementation of this Circular.

During the implementation process, if there are difficulties or obstacles, agencies, organizations, and individuals should promptly reflect them to the Ministry of Natural Resources and Environment for consideration and resolution./.