Circular No. 29/2014/TT-BTNMT detailing the procedures for drafting and adjusting land use planning and plans

CIRCULAR

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

________________

The Government issues this Decree on management and development of industrial clusters.

Pursuant to Decree No. 43/2014/NĐ-CP dated May 15, 2014 of the Government detailing implementation of certain provisions of the Land Law;

Based on Decree No. 21/2013/NĐ-CP dated March 4, 2013 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment.

At the proposal of the Director General of the Land Administration General Department and the Director of the Legal Department,

The Minister of Natural Resources and Environment issues this Circular detailing the establishment and adjustment of land use planning and plans.

Part I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular details the establishment and adjustment of national-level, provincial-level (including provinces and centrally-administered cities), and district-level (including districts, towns, and provincial cities) land use planning and plans; the establishment of defense and security land use planning and plans.

2. This Circular applies to state management agencies, specialized agencies on natural resources and environment, and organizations and individuals related thereto.

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

1. National-level infrastructure land includes: land for cultural, health, education and training, sports, science and technology, social service facilities, transportation, irrigation, energy works, and postal and telecommunications facilities managed by the central government.

2. Provincial-level infrastructure land includes: land for cultural, health, education and training, sports, science and technology, social service facilities, transportation, irrigation, energy works, postal and telecommunications facilities, and markets managed by the province.

3. District- and commune-level infrastructure land includes: land for cultural, health, education and training, sports, science and technology, social service facilities, transportation, irrigation, energy works, postal and telecommunications facilities, and markets managed by the district and commune.

4. Functional land use area is an area of land with one or more types of land delineated according to spatial use to prioritize use for one or several main purposes as determined by the planning.

5. Allocated indicators are land use indicators allocated from the higher-level planning and land use plan.

6. Determined indicators are land use indicators that each level's planning and land use plan must determine.

7. Supplementally determined indicators are land use indicators allocated by the higher level but which the locality may supplement.

Article 3. System of land use indicators in planning and land use plans

1. Land use indicators, code symbols in national-level planning and land use plans:

In which, *: not included when calculating total natural area.

2. Land use indicators, code symbols, allocated, determined, and supplementally determined land types in provincial-level planning and land use plans:

In which, x: allocated, determined, supplementally determined.

0: not allocated, not determined, not supplementally determined.

*: not included when calculating total natural area.

3. Land use indicators, code symbols, allocated, determined, and supplementally determined land types in district-level planning and land use plans:

In which, x: allocated, determined, supplementally determined.

0: not allocated, not determined, not supplementally determined.

*: not included when calculating total natural area.

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

1. The documents for requesting approval of the initial land use plan and the initial land use plan period; adjustment of the land use plan and preparation of the final land use plan period at the national level include:

a) Memorandum;

b) A comprehensive explanatory report;

c) A current land use status map;

d) A land use planning map or an adjusted land use planning map;

đ) Specialized maps (if any).

2. The documents for requesting approval of the final land use plan period at the national level include:

a) Memorandum;

b) A comprehensive explanatory report.

3. The documents for requesting approval of the initial land use plan and the initial land use plan period; adjustment of the land use plan and preparation of the final land use plan period at the provincial level include:

a) Memorandum;

b) A comprehensive explanatory report (attached with the Resolution of the Provincial People's Council on approving the land use plan);

c) A current land use status map;

d) A land use planning map or an adjusted land use planning map;

đ) A land use plan map;

e) Specialized maps (if any).

4. The documents for requesting approval of the final land use plan period; adjustment of the land use plan at the provincial level include:

a) Memorandum;

b) A comprehensive explanatory report (attached with the Resolution of the Provincial People's Council on approving the land use plan);

c) A current land use status map;

d) A land use plan map.

5. The documents for requesting approval of the initial land use plan and the initial land use plan year; adjustment of the land use plan and preparation of the initial land use plan year of the adjusted land use plan at the district level include:

a) Memorandum;

b) A comprehensive explanatory report (attached with the Resolution of the District People's Council on approving the land use plan);

c) A current land use status map;

d) A land use planning map;

đ) An initial land use plan year map;

e) Specialized maps (if any).

6. The dossier for requesting approval of the annual land use plan at the district level includes:

a) Memorandum;

b) A comprehensive explanatory report;

c) A land use plan map for the annual year.

7. The documents for requesting approval of the defense land use plan and the security land use plan initial period include:

a) Memorandum;

b) A comprehensive explanatory report.

8. The documents for requesting approval of the defense land use plan and the security land use plan final period include:

a) Memorandum;

b) A comprehensive explanatory report.

9. The system of forms in land use planning and plans and adjustments to land use planning and plans is defined as follows:

a) The system of forms in land use planning and plans and adjustments to land use planning and plans at the national level according to Appendix No. 01 issued together with this Circular;

b) The system of forms in land use planning and plans and adjustments to land use planning and plans at the provincial level according to Appendix No. 02 issued together with this Circular;

c) The system of forms in land use planning and plans and adjustments to land use planning and plans at the district level according to Appendix No. 03 issued together with this Circular;

d) The system of forms in defense land use planning and security land use planning according to Appendix No. 04 issued together with this Circular.

10. The system of document templates in land use planning and plans and adjustments to land use planning and plans is defined as follows:

a) Template for the comprehensive explanatory report on land use planning and plans and adjustments to land use planning and plans according to Appendix No. 05 issued together with this Circular;

b) Template for the proposal for approval of land use planning and plans and adjustments to land use planning and plans according to Appendix No. 06 issued together with this Circular;

c) Template for the decision on approval of land use planning and plans and adjustments to land use planning and plans according to Appendix No. 07 issued together with this Circular;

d) Template for the annual report on the implementation results of land use planning and plans according to Appendix No. 08 issued together with this Circular.

Article 5. Symbols and forms of representation on current land use maps, land use planning maps, and land use plan maps

1. The current land use map serving the preparation and adjustment of land use planning and land use plans (hereinafter referred to as the current land use map) shall reflect types of land corresponding to each administrative level as stipulated in Article 3 of this Circular and shall be constructed according to the following provisions:

a) In cases where land use planning and land use plans for the initial period are prepared, land use planning adjustments are made concurrently with the preparation of land use plans for the final period, or land use plans for the final period are prepared without making land use planning adjustments, the current land use map shall be based on the results of land surveys.

b) In cases where land use planning and land use plans are adjusted but the adjustment time does not coincide with the land survey time, they shall be built based on the current land use map established from the results of land surveys and supplementary investigations at the time of adjustment.

2. Symbols representing types of land, color parameters for land types according to the land use indicators stipulated in Article 3 of this Circular, symbols for water systems and related objects on the current land use map, land use planning map, and land use plan map shall be implemented according to the provisions set out in Appendix No. 04 issued together with Circular No. 28/2014/TT-BTNMT dated June 2, 2014 of the Minister of Natural Resources and Environment regarding statistics, land surveys, and the establishment of current land use maps (hereinafter referred to as Circular No. 28/2014/TT-BTNMT) and Appendix No. 09 issued together with this Circular.

3. Symbols for national borders, administrative boundaries at various levels, delineation of land enclosures; symbols for economic, cultural, and social objects; symbols for transportation routes and related objects; land shapes; annotations shall be defined as follows:

a) For symbols reflecting the current status as prescribed in Appendix No. 04 issued together with Circular No. 28/2014/TT-BTNMT;

b) For symbols reflecting planning as prescribed in Appendix No. 04 issued together with Circular No. 28/2014/TT-BTNMT, with dimensions and sizes as specified, using the following color parameters: Color code 203, Red 255, Green 0, Blue 0.

4. The layout of the map and the chart of land use structure shall be as prescribed in Appendix No. 04 issued together with Circular No. 28/2014/TT-BTNMT.

5. The format for confirmation and approval signatures shall be as prescribed in Appendix No. 09 issued together with this Circular.

Article 6. Public announcement of land use planning and land use plans

1. The public announcement of land use planning and land use plans shall be carried out in accordance with Article 48 of the Land Law.

2. Documents for the public announcement of land use planning and land use plans include:

a) Resolution or Decision approving;

b) A comprehensive explanatory report;

c) Land use planning and land use plan maps.

Article 7. Archiving of land use planning and land use plan files

1. The archiving agencies for land use planning and land use plan files are defined as follows:

a) National-level land use planning and land use plan files shall be archived in one copy at the National Assembly Office, one copy at the Government Office, and two copies at the Ministry of Natural Resources and Environment;

b) Provincial-level land use planning and land use plan files shall be archived in one copy at the Government Office, two copies at the Ministry of Natural Resources and Environment, one copy at the People's Committee of the province, and one copy at the Department of Natural Resources and Environment;

c) District-level land use planning and land use plan files shall be archived in one copy at the People's Committee of the province, one copy at the Department of Natural Resources and Environment, one copy at the People's Committee of the district, and one copy at the District Office of Natural Resources and Environment.

2. Land use planning and land use plan files for archiving must include printed paper versions and digital versions of the following documents:

a) Resolution or Decision approving;

b) A comprehensive explanatory report;

c) A current land use status map;

d) Land use planning and land use plan maps;

đ) Specialized maps (if any).

Part II

PROCEDURE FOR ESTABLISHING AND ADJUSTING NATIONAL LEVEL LAND USE PLANNING AND LAND USE PLANS

USE OF LAND

PART I

PROCEDURE FOR ESTABLISHING AND ADJUSTING NATIONAL LEVEL LAND USE PLANNING AND LAND USE PLANS

PROCEDURE FOR ESTABLISHING AND ADJUSTING NATIONAL LEVEL LAND USE PLANNING AND LAND USE PLANS

Section 1

Procedure for establishing land use planning and land use plans

for the initial period at the national level

Article 8. Procedure for preparing land use planning and initial land use plan at the national level

The preparation of land use planning and initial land use plan at the national level shall be carried out in accordance with the following procedures:

1. Collecting information and documents;

2. Analyzing and evaluating natural conditions, socio-economic factors, and environmental impacts on land use;

3. Analyzing and evaluating land management and use situations, results of previous land use plans, and land potential;

4. Developing land use planning schemes;

5. Preparing the initial land use plan;

6. Preparing comprehensive reports and related documents;

7. Reviewing, approving, and publicly announcing.

Article 9. Surveying and collecting information and documents

1. Collecting information and documents:

a) Collecting information and documents related to natural conditions, socio-economic factors, and environmental impacts on land use; land management and use situations, changes in land use, results of previous land use plans, and land potential;

b) Collecting information and documents on land use needs and land use projects proposed by various sectors and fields;

c) Collecting information and documents on land use needs directly determined by lower-level People's Committees;

d) Categorizing and evaluating collected information and documents.

2. Field surveying and investigation:

a) Identifying contents that require field surveying and investigation; developing a field survey plan;

b) Conducting field surveying and investigation;

c) Supplementing and refining information and documents based on field surveying and investigation results.

3. Summarizing and processing information and documents.

4. Preparing a report on surveying and collecting information and documents.

5. Holding a seminar to unify surveying and collected information and documents.

6. Evaluating and accepting.

Article 10. Analysis and evaluation of natural conditions, socio-economic factors, and environmental impacts on land use

1. Analyzing and evaluating natural conditions, resources, and the environment:

a) Analyzing characteristics of natural conditions;

b) Analyzing characteristics of resource sources;

c) Analyzing current environmental status;

d) General assessment.

2. Analyzing and evaluating current socio-economic development:

a) Generally analyzing current socio-economic development;

b) Analyzing current development of various sectors and fields;

c) Analyzing population, labor, employment, income, and customs related to land use;

d) Analyzing current urban and rural development;

e) General assessment.

3. Analyzing and evaluating climate change impacts on land use:

a) Sea level rise, saltwater intrusion;

b) Desertification, erosion, and landslides.

4. Preparing thematic maps (if necessary).

5. Preparing thematic reports.

6. Holding seminars and revising reports and thematic maps after seminars.

7. Evaluating and accepting.

Article 11. Analysis and evaluation of land management and use situations, results of previous land use plans, and land potential

1. Analyzing and evaluating implementation of certain state management contents related to land use planning and land use plans:

a) Implementation situation;

b) Analyzing and evaluating strengths, shortcomings, and causes;

c) Lessons learned.

2. Analyzing and evaluating current and changing land use situations:

a) Current land use status by land type;

b) Changes in land use by land type during the previous planning period;

c) Analyzing and evaluating economic, social, and environmental effects of land use;

d) Analyzing and evaluating shortcomings and causes.

3. Analyzing and evaluating results of previous land use plans:

a) Results of implementing previous land use plan indicators;

b) Analyzing and evaluating strengths, shortcomings, and causes;

c) Lessons learned.

4. Analyzing and evaluating land potential:

a) Analyzing and evaluating land potential for agriculture;

b) Analyzing and evaluating land potential for non-agricultural purposes.

5. Preparing current land use status maps for land use planning.

6. Preparing specialized reports.

7. Holding seminars and revising specialized reports and maps after seminars.

8. Evaluating and accepting.

Article 12. Developing the land use planning scheme

1. Determining the direction of land use:

a) Summarizing the direction and objectives for economic and social development;

b) Establishing the viewpoint on land use;

c) Determining the direction of land use for each economic and social region according to agricultural land, industrial zone land, economic zone land, urban land, and national infrastructure development indicators.

2. Developing the land use planning scheme:

a) Determining the socio-economic development targets during the period of the land use plan;

b) Determining the land use needs for various sectors and fields during the period of the land use plan for each provincial administrative unit and economic and social region;

c) Consolidating the land use needs, balancing them to determine the land use indicators and allocate them to each provincial administrative unit and economic and social region.

3. Evaluating the impact of the land use planning scheme on the economy, society, and environment:

a) Assessing the impact of the land use planning scheme on revenue from land allocation, land leasing, land use purpose conversion, and compensation costs for resettlement and support;

b) Assessing the impact of the land use planning scheme on the ability to ensure national food security;

c) Assessing the impact of the land use planning scheme on resolving housing funds, the extent of impact on the lives of households that need to relocate, and the number of workers who must change professions due to land use purpose conversion;

d) Assessing the impact of the land use planning scheme on the process of urbanization and infrastructure development;

đ) Assessing the impact of the land use planning scheme on the restoration of historical-cultural relics, scenic spots, and the preservation of ethnic cultures;

e) Assessing the impact of the land use planning scheme on the rational exploitation of natural resources; requirements for conservation and development of forest areas and coverage ratio.

4. Staging the land use planning scheme:

a) Determining the land use needs for each type of land in each five-year land use plan according to the land use planning scheme;

b) Balancing and allocating land in the land use planning scheme for each five-year land use plan according to each type of land.

5. Determining measures to implement the land use planning scheme:

a) Determining measures to protect, improve land, and protect the environment;

b) Determining measures to organize the implementation of the land use planning scheme.

6. Developing a system of analytical tables, charts, diagrams, and graphs.

7. Preparing thematic maps (if applicable).

8. Preparing the national land use planning map including:

a) The national land use planning map;

b) The land use planning map for each economic and social region.

9. Developing specialized reports.

10. Holding seminars and revising specialized reports and maps after the seminar.

11. Evaluating and accepting.

Article 13. Developing the initial land use plan

1. Summarizing the direction and objectives for economic and social development during the planning period.

2. Developing the land use plan:

a) Allocating the land use indicators mentioned in Point b Clause 4 Article 12 of this Circular to each provincial administrative unit and economic and social region;

b) Determining the area of land required for changing land use purposes as stipulated in Points a, b, c, d, and e Clause 1 Article 57 of the Land Law during the planning period for each provincial administrative unit and economic and social region;

c) Determining the area of unused land to be put into use during the planning period for each provincial administrative unit and each economic and social region;

d) Determining the scale and location of projects using land for the purposes specified in Article 61 and Paragraphs 1 and 2 Clause 62 of the Land Law to be implemented during the land use planning period;

đ) Estimating revenues from land allocation, land leasing, land use purpose conversion, and expenses for compensation, support, and resettlement according to the land use plan.

3. Determining measures to implement the land use plan.

4. Developing a system of analytical tables, charts, diagrams, and graphs.

5. Preparing specialized reports.

6. Holding seminars and revising specialized reports.

7. Evaluating and accepting.

Article 14. Construction of the comprehensive explanatory report and related documents

1. Construction of the comprehensive explanatory report.

2. Completion of the system of tables, charts, diagrams, and graphs.

3. Completion of the system of land use planning maps.

4. Workshop.

5. Completion of the comprehensive explanatory report; the system of tables, charts, diagrams, and graphs; the system of land use planning maps after the workshop.

6. Solicit public opinions on the land use plan and initial land use plan:

a) Prepare the documentation for soliciting opinions;

b) Publicize information about the content of the land use plan and initial land use plan on the Ministry of Natural Resources and Environment's website;

c) Construct a report to incorporate and explain public opinions and publicize it on the website according to Point b Clause of this Article;

d) Amend and complete the land use plan and initial land use plan after soliciting public opinions.

7. Draft documents for approval of the land use plan and initial land use plan.

8. Make copies of the documentation and materials for submission for approval of the land use plan and initial land use plan.

9. Report to the Government on the land use plan and initial land use plan; amend and complete the documentation and materials after reporting.

10. Evaluation and acceptance.

Article 15. Review, Approval, and Public Announcement

1. Organize the review of the land use plan and initial land use plan before submitting to the Government.

2. Amend and complete the documentation and materials of the land use plan and initial land use plan for submission to the competent state agency for decision.

3. Publicly announce the national-level land use plan and initial land use plan.

4. Evaluation and acceptance.

5. Submit project products.

Section 2

The process of adjusting the land use plan and establishing the final period land use plan at the national level

Article 16. Procedure for Adjusting the Land Use Plan and Establishing the Final Period Land Use Plan at the National Level

The adjustment of the land use plan and establishment of the final period land use plan at the national level shall be carried out in accordance with the following procedures:

1. Conduct surveys, collect additional information and documents; analyze and evaluate additional natural, economic, social, and environmental conditions; management and land use situations; results of implementing the previous land use plan and plan.

2. Develop the adjusted land use plan proposal.

3. Establish the final period land use plan.

4. Construct the comprehensive explanatory report and related documents.

5. Review, approve, and publicly announce.

Article 17. Survey, Collect Additional Information and Documents; Analyze and Evaluate Additional Natural, Economic, Social, and Environmental Conditions; Management and Land Use Situations; Results of Implementing the Previous Land Use Plan and Plan

1. Collect additional information and documents:

a) Collect additional information and documents related to natural, economic, social, and environmental conditions affecting land use; management and land use situations, results of implementing the land use plan and plan;

b) Collect additional information and documents regarding land use needs and land use projects proposed by various sectors and fields;

c) Collect additional information and documents regarding land use needs directly determined by lower-level People's Councils;

d) Conduct field investigations and surveys.

2. Summarize, process the information and documents, and prepare a report on the results of collecting additional information and documents.

3. Analyze and evaluate additional natural, economic, social, and environmental conditions:

a) Analyze and evaluate additional natural conditions, resources, and current environmental status;

b) Analyze and evaluate additional socio-economic development status;

c) Analyze and evaluate additional impacts of climate change on land use.

4. Analyze and evaluate additional land management and use situations:

a) Analyze and evaluate additional implementation of certain state land management contents related to adjusting the land use plan and plan;

b) Analyze and evaluate the current status and changes in land use.

5. Analyze and evaluate the results of implementing the previous land use plan and plan:

a) Results of implementing the previous land use plan and plan;

b) Analyze and evaluate strengths, shortcomings, and causes.

6. Prepare current land use status maps for land use planning.

7. Develop specialized reports.

8. Workshop and revise specialized reports and maps after the workshop.

9. Evaluation and acceptance.

9. Evaluation and acceptance.

Article 18. Developing plans to adjust land use planning

1. Adjusting the orientation for land use:

a) Summarizing the direction and objectives for economic and social development;

b) Establishing the viewpoint on land use;

c) Determining the direction of land use for each economic and social region according to agricultural land, industrial zone land, economic zone land, urban land, and national infrastructure development indicators.

2. Developing plans to adjust land use planning:

a) Determining the socio-economic development targets during the period of the land use plan;

b) Determining the land demand for various sectors and fields within the planning period down to each provincial administrative unit and economic-social region;

c) Consolidating the land use needs, balancing them to determine the land use indicators and allocate them to each provincial administrative unit and economic and social region.

3. Supplementarily assessing the impact of the plan to adjust land use planning on the economy, society, and environment.

4. Supplementarily determining measures to implement the adjustment of land use planning.

5. Developing a system of tables, charts, analytical data, diagrams, and graphs.

6. Preparing national land use planning adjustment maps including:

a) National land use planning adjustment map;

b) Land use planning adjustment map for economic-social regions.

8. Workshop and revise specialized reports and maps after the workshop.

9. Evaluation and acceptance.

9. Evaluation and acceptance.

Article 19. Establishing the final period land use plan

1. Summarizing the direction and objectives for economic and social development during the planning period.

2. Developing the land use plan:

a) Determining the final period land use indicators according to the plan to adjust land use planning as stipulated in Clause 2, Article 18 of this Circular, allocating to each provincial administrative unit and economic-social region;

b) Determining the area of land required for changing land use purposes as stipulated in Points a, b, c, d, and e Clause 1 Article 57 of the Land Law during the planning period for each provincial administrative unit and economic and social region;

c) Determining the area of unused land to be put into use during the planning period

down to each provincial administrative unit and each economic-social region;

d) Determining the scale and location of projects using land for the purposes specified in Article 61 and Paragraphs 1 and 2 Clause 62 of the Land Law to be implemented during the land use planning period;

đ) Estimating revenues from land allocation, land leasing, land use purpose conversion, and expenses for compensation, support, and resettlement according to the land use plan.

3. Determining measures to implement the land use plan.

4. Developing a system of analytical tables, charts, diagrams, and graphs.

5. Preparing specialized reports.

6. Holding seminars and revising specialized reports.

7. Evaluating and accepting.

Article 20. Developing comprehensive explanatory reports and related documents

The development of comprehensive explanatory reports and related documents shall be carried out in accordance with the procedures prescribed in Article 14 of this Circular.

Article 21. Reviewing, approving, and publicly announcing

The reviewing, approving, and publicly announcing of adjustments to land use planning and the final period land use plan shall be carried out in accordance with the procedures prescribed in Article 15 of this Circular.

Section 3

National final period land use plan establishment process

Article 22. Procedures for establishing the national final period land use plan

The establishment of the national final period land use plan in cases where there is no adjustment to land use planning shall be carried out in the following sequence:

1. Investigating, collecting information and documents; analyzing and evaluating natural conditions, economic, social, and environmental conditions; land management and usage situations; results of implementing the previous period land use plan;

2. Establishing the final period land use plan;

3. Developing comprehensive explanatory reports and related documents;

4. Reviewing, approving, and publicly announcing.

Article 23. Investigating, collecting information and documents; analyzing and evaluating natural conditions, economic and social conditions, and the environment; land management and usage situations; results of implementing the previous period land use plan

1. Collecting information and documents:

a) Collecting information and documents related to natural conditions, economic, social, and environmental factors affecting land use; land management and usage situations; results of implementing the previous period land use plan;

b) Collecting information and documents about land demand and land-using projects proposed by various sectors and fields;

c) Collecting information and documents on land use needs directly determined by lower-level People's Committees;

2. Summarize, process the information and documents, and prepare a report on the results of collecting additional information and documents.

2. Summarizing, processing information and documents, and preparing a report on the results of investigating and collecting information and documents.

3. Analyzing and evaluating natural conditions, economic, and social conditions, and the environment:

a) Analyzing and evaluating natural conditions, resource sources, and current environmental status;

b) Analyzing and evaluating the current state of economic and social development;

c) Analyzing and evaluating climate change impacts on land use.

4. Analyzing and evaluating land management and usage situations; changes in land use:

a) Analyzing and evaluating the implementation of certain state management contents regarding land;

b) Analyzing and evaluating the current status and changes in land use.

5. Analyzing and evaluating the results of implementing the previous period land use plan.

6. Preparing specialized reports.

7. Holding seminars and revising specialized reports after the seminar.

8. Evaluating and accepting.

Article 24. Establishing the final land use plan

1. Summarizing the direction and objectives for economic and social development during the planning period.

2. Developing the land use plan:

a) Consolidate the land use indicators from the initial land use plan that have not been implemented for consideration in the final land use plan;

b) Allocate the land use indicators mentioned in Point a of this Clause and Point b of Clause 4, Article 12 of this Circular to each provincial administrative unit and economic-social region;

c) Determine the area of various types of land required to change land use purposes as stipulated in Points a, b, c, d, and e of Clause 1, Article 57 of the Land Law for each provincial administrative unit and economic-social region during the planning period;

d) Determine the area of unused land to be put into use during the planning period for each provincial administrative unit and economic-social region;

e) Identify the scale, location of projects using land for the purposes specified in Article 61 and Clauses 1 and 2 of Article 62 of the Land Law to be implemented during the land use planning period;

f) Forecast revenue from land allocation, land leasing, changing land use purposes, and expenditures for compensation, support, and resettlement according to the land use plan;

3. Determining measures to implement the land use plan.

4. Developing a system of analytical tables, charts, diagrams, and graphs.

5. Preparing specialized reports.

6. Holding seminars and revising specialized reports.

7. Evaluating and accepting.

Article 25. Preparing the comprehensive explanatory report and related documents

1. Construction of the comprehensive explanatory report.

2. Completion of the system of tables, charts, diagrams, and graphs.

3. Workshop.

4. Finalize the comprehensive explanatory report; systematize tables, charts, data, diagrams, and graphs after the workshop.

5. Solicit public opinions on the final land use plan:

a) Prepare the documentation for soliciting opinions;

b) Publicize information about the content of the final land use plan on the Ministry of Natural Resources and Environment's website;

c) Construct a report to incorporate and explain public opinions and publicize it on the website according to Point b Clause of this Article;

d) Revise and finalize the final land use plan after soliciting public opinions.

6. Draft documents for approval of the final land use plan.

7. Make copies of files and documents to serve the approval process of the final land use plan.

8. Report the final land use plan to the Government; revise and finalize files and documents after reporting.

9. Evaluation and acceptance.

Article 26. Review, Approval, and Public Announcement

The review, approval, and public announcement of the national final land use plan shall be carried out in accordance with the procedures stipulated in Article 15 of this Circular.

Chapter II

PROCEDURE FOR ESTABLISHING AND ADJUSTING NATIONAL LEVEL LAND USE PLANNING AND LAND USE PLANS

PROVINCIAL LAND USE

Section 1

Procedure for establishing land use planning and land use plans

provincial initial land use period

Article 27. Procedures for Establishing the Provincial Land Use Plan for the Initial Period

The establishment of the provincial land use plan for the initial period shall be carried out in accordance with the procedures stipulated in Article 8 of this Circular.

Article 28. Investigation and Collection of Information and Documents

The investigation and collection of information and documents shall be carried out in accordance with the procedures stipulated in Article 9 of this Circular.

Article 29. Analysis and Assessment of Natural Conditions, Economic-Social Factors, and Environmental Impact on Land Use

The analysis and assessment of natural conditions, economic-social factors, and environmental impact on land use shall be carried out in accordance with the procedures stipulated in Article 10 of this Circular.

Article 30. Analysis and Assessment of Land Management and Use Situations; Results of Implementing Previous Land Use Plans and Land Potential

The analysis and assessment of land management and use situations; results of implementing previous land use plans and land potential shall be carried out in accordance with the procedures stipulated in Article 11 of this Circular.

Article 31. Developing the Land Use Planning Scheme

1. Determining the direction of land use:

a) Summarizing the direction and objectives for economic and social development;

b) Establishing the viewpoint on land use;

c) Determine the orientation of land use according to functional zones.

2. Developing the land use planning scheme:

a) Determining the socio-economic development targets during the period of the land use plan;

b) Determine the national land use indicators allocated to the province during the planning period and allocate them to each district-level administrative unit;

c) Determine the land use needs for various sectors and fields during the planning period for each district-level administrative unit;

d) Aggregate the land use needs, balance them to determine the land use indicators mentioned in Points b and c of this Clause allocated to each district-level administrative unit;

e) Determine the land use indicators according to functional zones.

3. Evaluating the impact of the land use planning scheme on the economy, society, and environment:

a) Assessing the impact of the land use planning scheme on revenue from land allocation, land leasing, land use purpose conversion, and compensation costs for resettlement and support;

b) Assess the impact of the land use planning scheme on food security capacity;

c) Assessing the impact of the land use planning scheme on resolving housing funds, the extent of impact on the lives of households that need to relocate, and the number of workers who must change professions due to land use purpose conversion;

d) Assessing the impact of the land use planning scheme on the process of urbanization and infrastructure development;

e) Assess the impact of the land use planning scheme on the restoration of historical-cultural relics, scenic spots, and the preservation of ethnic cultures;

e) Assessing the impact of the land use planning scheme on the rational exploitation of natural resources; requirements for conservation and development of forest areas and coverage ratio.

4. Staging the land use planning scheme:

a) Determine the need for various types of land in each five-year land use plan according to the land use planning scheme;

b) Balance and allocate land resources in the land use planning scheme for each five-year land use plan according to each type of land.

5. Determining measures to implement the land use planning scheme:

a) Determining measures to protect, improve land, and protect the environment;

b) Determining measures to organize the implementation of the land use planning scheme.

6. Developing a system of analytical tables, charts, diagrams, and graphs.

7. Prepare the land use planning map.

8. Prepare specialized maps (if applicable).

9. Developing specialized reports.

10. Workshop and revision of reports and maps after the workshop.

11. Evaluating and accepting.

Article 32. Establishing the initial land use plan

1. Summarizing the direction and objectives for economic and social development during the planning period.

2. Developing the land use plan:

a) Allocate the land use indicators specified in Point b Clause 4 Article 31 of this Circular to each district administrative unit;

b) Determine the area of land required for changing land use purposes as stipulated in Points a, b, c, d and e Clause 1 Article 57 of the Land Law during the planning period according to each year and to each district administrative unit;

c) Determine the area of unused land to be put into use during the planning period according to each year and to each district administrative unit;

d) Determine the scale, location of projects using land for the purposes prescribed in Articles 61 and 62 of the Land Law to be implemented during the planning period according to each year;

đ) Determine the location and area of land to be reclaimed in the vicinity of technical infrastructure construction projects, urban renovation, rural residential areas for auctioning land use rights to implement housing, commercial, service, production, and business projects according to each year;

f) Forecast revenue from land allocation, land leasing, changing land use purposes, and expenditures for compensation, support, and resettlement according to the land use plan;

3. Determining measures to implement the land use plan.

4. Prepare land use plan maps.

5. Prepare a system of tables, charts, diagrams, and graphs.

6. Draft specialized reports.

7. Hold discussions and revise reports and maps after the discussion.

8. Evaluating and accepting.

Article 33. Preparing the comprehensive explanatory report and related documents

1. Construction of the comprehensive explanatory report.

2. Completion of the system of tables, charts, diagrams, and graphs.

3. Complete the system of planning and land use plan maps.

4. Workshop.

5. Complete the comprehensive explanatory report; the system of tables, charts, and diagrams; the system of planning and land use plan maps after the discussion.

6. Solicit public opinions on the land use plan and the initial land use plan:

a) Prepare the documentation for soliciting opinions;

b) Publicize information about the content of the land use plan and the initial land use plan on the electronic portal of the Provincial People's Committee;

c) Construct a report to incorporate and explain public opinions and publicize it on the website according to Point b Clause of this Article;

d) Amend and complete the land use plan and initial land use plan after soliciting public opinions.

7. Draft documents for approval of the land use plan and initial land use plan.

8. Make copies of the documentation and materials for submission for approval of the land use plan and initial land use plan.

9. Report to the Provincial People's Committee on the land use plan and the initial land use plan; revise and complete the files and documents after reporting.

10. Evaluation and acceptance.

Article 34. Review, Approval, and Public Announcement

1. Organize the review of the land use plan and the land use plan.

2. Revise and complete the files and documents of the initial land use plan, submit to the Provincial People's Council for approval.

3. Revise and complete the files and documents of the initial land use plan, submit to the Government for approval.

4. Publicly announce the provincial land use plan and the initial land use plan.

5. Evaluate and accept completion.

6. Deliver project products.

Section 2

The process of adjusting the land use plan and establishing the final period land use plan at the national level

 final provincial land use plan

Article 35. Procedures for Adjusting the Land Use Plan and Establishing the Final Provincial Land Use Plan

The adjustment of the land use plan and the establishment of the final provincial land use plan shall be carried out in accordance with the procedures stipulated in Article 16 of this Circular.

Article 36. Investigation, Collection of Additional Information and Documents; Supplementary Analysis and Evaluation of Natural Conditions, Socio-Economic and Environmental Conditions; Management and Utilization of Land Situation; Results of Implementation of the Previous Land Use Plan and Land Use Plan

The investigation, collection of additional information and documents; supplementary analysis and evaluation of natural conditions, socio-economic and environmental conditions; management and utilization of land situation; results of implementation of the previous land use plan and land use plan shall be carried out in accordance with the procedures stipulated in Article 17 of this Circular.

Article 37. Developing a plan to adjust the land use planning

1. Adjusting the orientation for land use:

a) Summarizing the direction and objectives for economic and social development;

b) Establishing the viewpoint on land use;

c) Determine the orientation of land use according to functional zones.

2. Developing plans to adjust land use planning:

a) Determining socio-economic development targets for the period of adjusting the land use planning;

b) Determining land demand for various sectors and fields during the adjustment period of the land use planning down to the district administrative level;

c) Consolidating land demand, balancing the land use indicators mentioned in Point b Clause of this Article, and allocating them to each district administrative unit.

3. Supplemental assessment of the economic, social, and environmental impacts of the plan to adjust the land use planning.

4. Supplementally determining measures to implement the plan to adjust the land use planning.

5. Developing a system of tables, charts, analytical data, diagrams, and graphs.

6. Preparing a map to adjust the land use planning.

8. Workshop and revise specialized reports and maps after the workshop.

9. Evaluation and acceptance.

9. Evaluation and acceptance.

Article 38. Drafting the final period land use plan

1. Summarizing the direction and objectives for economic and social development during the planning period.

2. Developing the land use plan:

a) Determining the final period land use indicators according to the plan to adjust the land use planning mentioned in Clause 2 Article 37 of this Circular and allocating them to each district administrative unit;

b) Determine the area of land required for changing land use purposes as stipulated in Points a, b, c, d and e Clause 1 Article 57 of the Land Law during the planning period according to each year and to each district administrative unit;

c) Determine the area of unused land to be put into use during the planning period according to each year and to each district administrative unit;

d) Determine the scale, location of projects using land for the purposes prescribed in Articles 61 and 62 of the Land Law to be implemented during the planning period according to each year;

đ) Determine the location and area of land to be reclaimed in the vicinity of technical infrastructure construction projects, urban renovation, rural residential areas for auctioning land use rights to implement housing, commercial, service, production, and business projects according to each year;

f) Forecast revenue from land allocation, land leasing, changing land use purposes, and expenditures for compensation, support, and resettlement according to the land use plan;

3. Determining measures to implement the land use plan.

4. Prepare land use plan maps.

5. Prepare a system of tables, charts, diagrams, and graphs.

6. Draft specialized reports.

7. Holding seminars and revising specialized reports and maps after seminars.

8. Evaluating and accepting.

Article 39. Preparing a comprehensive explanatory report and related documents

The preparation of the comprehensive explanatory report on adjusting the land use planning and the final period land use plan, as well as related documents, shall be carried out in accordance with the procedures stipulated in Article 33 of this Circular.

Article 40. Reviewing, approving, and publicly announcing

The reviewing, approving, and publicly announcing of the adjusted land use planning and the final period land use plan shall be carried out in accordance with the procedures stipulated in Article 34 of this Circular.

Section 3

Provincial-level final period land use plan drafting process

Article 41. Procedures for drafting the provincial-level final period land use plan

The drafting of the provincial-level final period land use plan for cases where there is no adjustment to the land use planning shall be carried out in accordance with the procedures stipulated in Article 22 of this Circular.

Article 42. Investigating, collecting information and documents; analyzing and evaluating natural conditions, economy, society, and environment; management and land use situation; results of implementing the previous period land use plan

The investigation, collection of information and documents; analysis and evaluation of natural conditions, economy, society, and environment; management and land use situation; results of implementing the previous period land use plan shall be carried out in accordance with the procedures stipulated in Article 23 of this Circular.

Article 43. Drafting the final period land use plan

1. Summarizing the direction and objectives for economic and social development during the planning period.

2. Developing the land use plan:

a) Consolidate the land use indicators from the initial land use plan that have not been implemented for consideration in the final land use plan;

b) Allocating the land use indicators mentioned in Point a Clause of this Article and Point b Clause 4 Article 31 of this Circular to each district administrative unit;

c) Determining the area of land required to change land use purposes as specified in Points a, b, c, d, and e Clause 1 Article 57 of the Land Law within the planning period annually and to each district administrative unit;

d) Determining the area of unused land to be put into use within the planning period annually and to each district administrative unit;

đ) Determining the scale and location of projects using land for purposes specified in Articles 61 and 62 of the Land Law to be implemented within the planning period annually;

e) Determining the location and area of land to be reclaimed in the vicinity of infrastructure construction projects, urban renovation areas, and rural residential areas for auctioning land use rights to implement housing, commercial, service, production, and business projects annually;

g) Projecting revenue from land allocation, land leasing, changing land use purposes, and expenditures for compensation, support, and resettlement according to the land use plan.

3. Determining measures to implement the land use plan.

4. Prepare land use plan maps.

5. Prepare a system of tables, charts, diagrams, and graphs.

6. Draft specialized reports.

7. Hold discussions and revise reports and maps after the discussion.

8. Evaluating and accepting.

Article 44. Preparing the comprehensive explanatory report and related documents

1. Construction of the comprehensive explanatory report.

2. Completion of the system of tables, charts, diagrams, and graphs.

3. Completing the final land use plan map system.

4. Workshop.

5. Completing the comprehensive explanatory report; the table, chart data system, diagrams, graphs; the final land use plan map system after the workshop.

6. Soliciting public opinions on the final land use plan:

a) Prepare the documentation for soliciting opinions;

b) Publicizing information about the content of the final land use plan on the electronic portal of the provincial People's Committee.

c) Construct a report to incorporate and explain public opinions and publicize it on the website according to Point b Clause of this Article;

d) Revise and finalize the final land use plan after soliciting public opinions.

7. Drafting documents for approval of the final land use plan.

8. Making copies of files and documents to serve the approval process of the final land use plan.

9. Reporting the final land use plan to the provincial People's Committee; revising and completing files and documents after reporting.

10. Evaluation and acceptance.

Article 45. Reviewing, approving, and publicly announcing

The review, approval, and public announcement of the final land use plan shall be carried out according to the procedures stipulated in Article 34 of this Circular.

Section 4

Procedure for adjusting the provincial land use plan

Article 46. Procedures for adjusting the provincial land use plan

Adjusting the provincial land use plan shall be carried out according to the following procedures:

1. Surveying and collecting additional information and documents; supplementarily analyzing and evaluating natural conditions, socio-economic and environmental conditions; land management and usage situation; results of implementing the land use plan;

2. Adjusting the land use plan;

3. Developing comprehensive explanatory reports and related documents;

4. Reviewing, approving, and publicly announcing.

Article 47. Surveying and collecting additional information and documents; supplementarily analyzing and evaluating natural conditions, socio-economic and environmental conditions; land management and usage situation; results of implementing the land use plan

a) Collect additional information and documents related to natural, economic, social, and environmental conditions affecting land use; management and land use situations, results of implementing the land use plan and plan;

a) Collecting additional information and documents related to natural conditions, socio-economic and environmental conditions affecting land use; land management and usage situation, changes in land use, results of implementing the land use plan;

b) Collecting additional information and documents regarding land use needs and land use projects determined and proposed in the land use plan by various sectors and fields;

c) Collecting additional information and documents regarding land use needs determined by the district People's Committee;

d) Conducting field surveys and collecting additional information and documents.

3. Analyze and evaluate additional natural, economic, social, and environmental conditions:

a) Analyze and evaluate additional natural conditions, resources, and current environmental status;

b) Analyze and evaluate additional socio-economic development status;

c) Analyze and evaluate additional impacts of climate change on land use.

4. Analyze and evaluate additional land management and use situations:

4. Supplementarily analyzing and evaluating land management and usage situations; changes in land use:

a) Supplementarily analyzing and evaluating the implementation of certain state management contents related to land that affect the adjustment of the land use plan;

b) Supplementarily analyzing and evaluating the current status and changes in land use.

5. Analyzing and evaluating the results of implementing the land use plan.

6. Preparing specialized reports.

7. Holding workshops and revising and completing specialized reports after the workshop.

8. Evaluating and accepting.

Article 48. Adjusting the land use plan

Adjusting the land use plan shall be carried out according to the procedures stipulated in Article 32 of this Circular.

Article 49. Preparing the comprehensive explanatory report and related documents

Preparing the comprehensive explanatory report for adjusting the land use plan and related documents shall be carried out according to the procedures stipulated in Article 44 of this Circular.

Article 50. Reviewing, approving, and publicly announcing

The review, approval, and public announcement of the adjusted land use plan shall be carried out according to the procedures stipulated in Article 34 of this Circular.

Chapter III

PROCEDURE FOR ESTABLISHING AND ADJUSTING NATIONAL LEVEL LAND USE PLANNING AND LAND USE PLANS

LAND USE AT THE DISTRICT LEVEL

Section 1

Procedure for preparing the land use planning and plan

for the first year at the district level

Article 51. Procedure for Establishing Land Use Planning and Annual Land Use Plan at the District Level

The establishment of land use planning and the annual land use plan at the district level shall be carried out in accordance with the following procedures:

1. Collecting information and documents;

2. Analyzing and evaluating natural conditions, socio-economic factors, and environmental impacts on land use;

3. Analyze and assess the situation of land management and utilization; the results of implementing the previous period's land use planning and plan, and the potential of land resources;

4. Developing land use planning schemes;

5. Establish the annual land use plan;

6. Preparing comprehensive reports and related documents;

7. Reviewing, approving, and publicly announcing.

Article 52. Investigation and Collection of Information and Documents

The investigation and collection of information and documents shall be carried out in accordance with the procedures stipulated in Article 9 of this Circular.

Article 53. Analysis and Assessment of Natural Conditions, Economic-Social Factors, and Environmental Impacts on Land Use

The analysis and assessment of natural conditions, economic-social factors, and environmental impact on land use shall be carried out in accordance with the procedures stipulated in Article 10 of this Circular.

Article 54. Analysis and Assessment of the Situation of Land Management and Utilization; the Results of Implementing the Previous Period's Land Use Planning and Plan, and the Potential of Land Resources

The analysis and assessment of land management and use situations; results of implementing previous land use plans and land potential shall be carried out in accordance with the procedures stipulated in Article 11 of this Circular.

Article 55. Development of Land Use Planning Scheme

1. Determining the direction of land use:

a) Summarizing the direction and objectives for economic and social development;

b) Establishing the viewpoint on land use;

c) Determine the orientation of land use according to functional zones.

2. Developing the land use planning scheme:

a) Determining the socio-economic development targets during the period of the land use plan;

b) Determine the land use indicators allocated from the provincial land use planning to the district level within the planning period and allocate them to each administrative unit at the commune level;

c) Determine the land use needs for various sectors and fields within the planning period and allocate them to each administrative unit at the commune level;

d) Aggregate the land use needs, balance them to determine the land use indicators mentioned in Points b and c of this Clause and allocate them to each administrative unit at the commune level;

e) Determine the land use indicators according to functional zones.

3. Evaluating the impact of the land use planning scheme on the economy, society, and environment:

a) Assessing the impact of the land use planning scheme on revenue from land allocation, land leasing, land use purpose conversion, and compensation costs for resettlement and support;

b) Assess the impact of the land use planning scheme on food security capacity;

c) Assess the impact of the land use planning scheme on resolving residential land funds, the degree of influence on the livelihoods of households that need to relocate, and the number of workers who must change professions due to changes in land use purposes;

d) Assessing the impact of the land use planning scheme on the process of urbanization and infrastructure development;

e) Assess the impact of the land use planning scheme on the restoration of historical-cultural relics, scenic spots, and the preservation of ethnic cultures;

e) Assessing the impact of the land use planning scheme on the rational exploitation of natural resources; requirements for conservation and development of forest areas and coverage ratio.

4. Determine the measures to implement the land use planning;

a) Determining measures to protect, improve land, and protect the environment;

b) Determining measures to organize the implementation of the land use planning scheme.

5. Developing a system of tables, charts, analytical data, diagrams, and graphs.

6. Prepare land use planning maps, including:

a) Land use planning map at the district level;

b) Detailed maps for each administrative unit at the commune level for areas planned for rice cultivation and areas planned for changing land use purposes as specified in Points a, b, c, d, and e of Clause 1, Article 57 of the Land Law;

7. Preparing thematic maps (if applicable).

8. Develop specialized reports;

9. Hold discussions and revise specialized reports and maps after the discussion;

10. Evaluation and acceptance.

Article 56. Establishment of the First-Year Land Use Plan

1. Determine the land use indicators allocated by the province to the district level within the planning year and allocate them to each administrative unit at the commune level;

2. Determine the land use needs for various sectors and fields within the planning year and allocate them to each administrative unit at the commune level, including:

a) Land use indicators in the previous year's land use plan that were not fully implemented but must be consistent with the socio-economic conditions in the district;

b) Land use needs of organizations, households, and individuals within the district;

3. Aggregate the land use needs, balance them to determine the land use indicators for various sectors and fields within the planning year and allocate them to each administrative unit at the commune level;

4. Determine the area of land required to change its purpose as specified in Points a, b, c, d, and e of Clause 1, Article 57 of the Land Law within the planning year for each administrative unit at the commune level;

5. Determine the area of unused land to be put into use within the planning year for each administrative unit at the commune level;

6. Determine the scale, location of projects, and the position and area of land zones for the purposes specified in Articles 61 and 62 of the Land Law to implement land acquisition within the planning year, including:

a) Projects specified in Article 61 and Clauses 1 and 2 of Article 62 of the Land Law and have been recorded in the budget for implementation within the planning year;

b) Projects specified in Clause 3 of Article 62 of the Land Law and have been recorded in the budget for implementation within the planning year for state-funded projects; have approval documents for investment proposals from competent state agencies for remaining projects;

c) Areas adjacent to infrastructure construction projects, urban and rural residential area renovation projects to auction land use rights for housing, commercial, service, production, and business projects within the planning year, which have been approved in writing by competent state agencies;

7. Determine the area of land required to change its purpose to implement land transfer, lease, and capital contribution through land use rights within the planning year based on the examination of users' application requests;

8. Forecast revenue from land allocation, leasing, and land use purpose changes, and expenditures for compensation, support, and resettlement within the planning year;

9. Determine the measures to organize the implementation of the land use plan;

10. Prepare a system of analytical tables, charts, diagrams, and graphs;

11. Prepare the first-year land use plan map at the district level, including:

a) Annual land use plan map at the district level showing areas expected to change land use purposes and areas where the State plans to reclaim land within the planning year based on the district-level land use planning map;

b) Drawings of the location, boundaries, and area of projects in the annual land use plan, using one of the following types of documents to display on the cadastral map or current land use map at the commune level:

For concentrated construction projects, use project investment planning documents, drawings during the project approval process, issuance of investment certificates, investment approval, and investment proposal approval;

For areas creating clean land funds for land use right auctions, areas receiving land transfers, leases, and capital contributions through land use rights with changes in land use purposes, extract from the district-level land use planning map;

For linear projects, use orientation planning maps for technical infrastructure systems along the route;

12. Draft a comprehensive report explaining the annual land use plan;

13. Report to the People's Committee at the district level about the draft annual land use plan; revise and complete the plan documentation for review by the competent authority;

14. Evaluate and finalize.

Article 57. Preparing the comprehensive explanatory report and related documents.

1. Construction of the comprehensive explanatory report.

2. Completion of the system of tables, charts, diagrams, and graphs.

3. Complete the system of planning and land use plan maps.

4. Workshop.

5. Complete the comprehensive explanatory report; the system of tables, charts, and diagrams; the system of planning and land use plan maps after the discussion.

6. Soliciting public opinions on land planning and land use plans:

a) Prepare the documentation for soliciting opinions;

b) Publicizing information about the contents of land planning and land use plans on the electronic portal of the People's Committee at the district level;

c) Organizing meetings to directly solicit public opinions on the contents of land planning and land use plans at the People's Committee at the commune level;

d) Preparing a report to incorporate and explain public opinions and publicizing it on the electronic portal in accordance with Point b Clause of this Article;

đ) Amending and perfecting land planning and land use plans after soliciting public opinions;

7. Drafting documents for approval of land planning and land use plans.

8. Making copies of files and documents to serve the approval process of land planning and land use plans.

9. Reporting to the People's Committee at the district level on land planning and land use plans; amending and perfecting files and documents and submitting them for review.

10. Evaluation and acceptance.

Article 58. Reviewing, Approving and Publicly Announcing

1. Organize the review of the land use plan and the land use plan.

2. Amending and perfecting files and documents of land planning and land use plans and submitting them to the People's Council at the district level for approval of land use plans.

3. Amending and perfecting files and documents of land planning and land use plans and submitting them to the People's Committee at the provincial level for approval.

4. Publicly announcing land planning and land use plans.

5. Evaluate and accept completion.

6. Deliver project products.

Section 2

The process of adjusting the land use plan and establishing the final period land use plan at the national level

first year plan of adjustment of district-level land use planning

Article 59. Procedures for Adjusting Land Use Planning and Establishing the First Year Plan of Adjustment of District-Level Land Use Planning

The adjustment of land use planning and establishment of the first year plan of adjustment of district-level land use planning shall be carried out according to the following procedures:

1. Surveying and collecting additional information and materials; analyzing and evaluating additional natural, economic, and social conditions; land management and usage situation; results of implementing land use planning;

3. Establish the final period land use plan.

3. Establishing the first year plan of adjustment of district-level land use planning;

5. Review, approve, and publicly announce.

Article 17. Survey, Collect Additional Information and Documents; Analyze and Evaluate Additional Natural, Economic, Social, and Environmental Conditions; Management and Land Use Situations; Results of Implementing the Previous Land Use Plan and Plan

Article 60. Surveying and Collecting Additional Information and Materials; Analyzing and Evaluating Additional Natural, Economic, and Social Conditions; Land Management and Usage Situation; Results of Implementing Land Use Planning

1. Surveying and collecting additional information and materials:

a) Collecting additional information and materials related to natural, economic, and social conditions and environmental impacts on land use; land management and usage situation, results of implementing land use planning, and land potential;

b) Collecting additional information and materials on land use needs and land use projects identified and proposed by sectors and fields;

c) Collecting additional information and materials on land use needs determined by the People's Committee at the commune level;

2. Summarize, process the information and documents, and prepare a report on the results of collecting additional information and documents.

3. Analyze and evaluate additional natural, economic, social, and environmental conditions:

3. Supplementally analyzing and evaluating natural and socio-economic conditions:

b) Analyze and evaluate additional socio-economic development status;

c) Analyze and evaluate additional impacts of climate change on land use.

4. Analyze and evaluate additional land management and use situations:

4. Analyzing and evaluating land management and usage situations; changes in land use:

a) Supplementally analyzing and evaluating the implementation of certain state management contents related to land regarding the adjustment of land planning and land use plans;

b) Analyzing and evaluating the current status and changes in land use.

5. Supplementally analyzing and evaluating the results of implementing land use planning.

6. Preparing current land use maps to serve the adjustment of land use planning.

8. Workshop and revise specialized reports and maps after the workshop.

9. Evaluation and acceptance.

9. Evaluation and acceptance.

Article 61. Developing the Plan for Adjusting Land Use Planning

The development of the plan for adjusting district-level land use planning shall be carried out according to the procedures stipulated in Article 55 of this Circular.

Article 62. Preparation of the First-Year Land Use Plan for Adjusting the County-Level Land Use Plan

The preparation of the first-year land use plan for adjusting the county-level land use plan shall be carried out in accordance with the procedures stipulated in Article 56 of this Circular.

Article 63. Preparing the Comprehensive Explanation Report and Related Documents

The preparation of the comprehensive explanation report on the adjustment of the land use plan and the first-year land use plan for the adjustment of the county-level land use plan, as well as related documents, shall be carried out in accordance with the procedures stipulated in Article 57 of this Circular.

Article 64. Review, Approval, and Public Announcement

The review, approval, and public announcement of the adjustment of the land use plan and the first-year land use plan for the adjustment of the county-level land use plan shall be carried out in accordance with the procedures stipulated in Article 58 of this Circular.

Section 3

Annual County-Level Land Use Plan Preparation Process

Article 65. Procedures for Preparing the Annual County-Level Land Use Plan

The preparation of the annual county-level land use plan for subsequent years shall be carried out in the following sequence:

1. Analyze and evaluate the results of implementing the previous year's land use plan.

2. Prepare the annual county-level land use plan.

3. Review, approve, and publicly announce.

Article 66. Analysis and Evaluation of the Results of Implementing the Previous Year's Land Use Plan

1. Collect information and documents related to the preparation of the annual county-level land use plan.

2. Analyze and evaluate information and documents related to the preparation of the annual county-level land use plan.

3. Analyze and evaluate the results of implementing the previous year's land use plan.

4. Prepare a specialized report.

5. Hold a seminar and revise the specialized report after the seminar.

6. Evaluating and accepting.

Article 67. Preparation of the Annual County-Level Land Use Plan

1. Determine the land use indicators allocated by the province to the district level within the planning year and allocate them to each administrative unit at the commune level;

2. Determine the land use needs for various sectors and fields in the planning year and allocate them to each commune administrative unit.

a) Land use indicators in the previous year's land use plan that were not fully implemented but must be consistent with the socio-economic conditions in the district;

b) Land use needs of organizations, households, and individuals within the district;

3. Aggregate the land use needs, balance them to determine the land use indicators for various sectors and fields within the planning year and allocate them to each administrative unit at the commune level;

4. Determine the area of land required to change its purpose as specified in Points a, b, c, d, and e of Clause 1, Article 57 of the Land Law within the planning year for each administrative unit at the commune level;

5. Determine the area of unused land to be put into use within the planning year for each administrative unit at the commune level;

6. Determine the scale, location of projects, and the position and area of land zones for the purposes specified in Articles 61 and 62 of the Land Law to implement land acquisition within the planning year, including:

a) Projects specified in Article 61 and Clauses 1 and 2 of Article 62 of the Land Law and have been recorded in the budget for implementation within the planning year;

b) Projects specified in Clause 3 of Article 62 of the Land Law and have been recorded in the budget for implementation within the planning year for state-funded projects; have approval documents for investment proposals from competent state agencies for remaining projects;

c) Areas adjacent to infrastructure construction projects, urban and rural residential area renovation projects to auction land use rights for housing, commercial, service, production, and business projects within the planning year, which have been approved in writing by competent state agencies;

7. Determine the area of land required to change its purpose to implement land transfer, lease, and capital contribution through land use rights within the planning year based on the examination of users' application requests;

8. Forecast revenue from land allocation, leasing, and land use purpose changes, and expenditures for compensation, support, and resettlement within the planning year;

9. Determine the measures to organize the implementation of the land use plan;

10. Prepare a system of analytical tables, charts, diagrams, and graphs;

11. The preparation of the annual county-level land use plan map shall be carried out in accordance with Clause 11 of Article 56 of this Circular.

12. Draft a comprehensive report explaining the annual land use plan;

13. Make copies of files and documents to serve the review of the annual land use plan.

14. Report to the People's Committee of the county on the draft annual land use plan of the county; revise and complete the land use plan files and documents for submission to the competent authority for review.

15. Evaluate and accept completion.

Article 68. Review, Approval, and Public Announcement

1. Organize the review of the annual land use plan.

2. Revise and complete the annual land use plan files and documents and submit them to the Provincial People's Committee for approval of the annual county-level land use plan.

3. Publicly announce the annual county-level land use plan.

4. Evaluation and acceptance.

Article 69. Process for Preparing the Annual Land Use Plan for Districts with Approved Urban Planning

The process for preparing the annual land use plan for districts with approved urban planning shall be carried out as follows:

1. In cases where the land use indicators in the urban planning are consistent with the land use indicators allocated to the district from the provincial land use plan, organize the preparation of the annual land use plan for the district according to the procedures stipulated in Articles 56, 57, and 58 of this Circular;

2. In cases where the land use indicators in the urban planning are inconsistent with the land use indicators allocated to the district from the provincial land use plan, it is necessary to adjust the urban planning to be consistent with the provincial land use plan; based on that, organize the preparation of the annual land use plan for the district according to the procedures stipulated in Articles 56, 57, and 58 of this Circular.

Chapter IV

PROCEDURE FOR PREPARING THE LAND USE PLAN FOR NATIONAL DEFENSE AND SECURITY

LAND USE PLAN FOR NATIONAL DEFENSE AND SECURITY

Section 1

Procedure for establishing land use planning and land use plans

initial national defense land, security land

Article 70. Procedure for Establishing Land Use Planning and Defense and Security Land Use Plan for the Initial Period

The establishment of land use planning and defense and security land use plan for the initial period shall be carried out in accordance with the following procedures:

1. Collecting information and documents;

2. Analyze and assess natural conditions, socio-economic and environmental factors; management and land use situation; results of implementing the previous defense and security land use planning and plan;

3. Develop the land use planning scheme for defense and security lands;

4. Establish the defense and security land use plan for the initial period;

5. Prepare a comprehensive explanatory report and related documents;

6. Review and approve the land use planning and plan for defense and security lands.

Article 71. Investigation and Collection of Information and Documents

1. Collecting information and documents:

a) Collect information and documents related to natural conditions, socio-economic factors, and environmental impacts on the use of defense and security lands; management and land use situations, changes in land use, and results of implementing the previous defense and security land use planning;

b) Collect information and documents on the demand for using defense and security lands;

c) Classify and evaluate collected information and documents.

2. Field surveying and investigation:

a) Identifying contents that require field surveying and investigation; developing a field survey plan;

b) Conducting field surveying and investigation;

c) Supplementing and refining information and documents based on field surveying and investigation results.

3. Summarizing and processing information and documents.

4. Preparing a report on surveying and collecting information and documents.

5. Hold a seminar to unify investigation-related information and documents.

6. Evaluating and accepting.

Article 72. Analysis and Assessment of Natural Conditions, Socio-Economic Factors, and Environment; Management and Land Use Situation; Results of Implementing the Previous Defense and Security Land Use Planning

1. Analyze natural conditions, socio-economic factors, and environment:

a) Analyze characteristics of natural conditions and current environmental status;

b) Analyze current socio-economic development status;

c) General assessment.

2. Analyze and assess the implementation of state management over defense and security lands.

3. Analyze and assess the current status and changes in the use of defense and security lands over a ten-year cycle.

4. Analyze and assess the results of implementing the previous defense and security land use planning:

a) Results of implementing previous land use plan indicators;

b) Evaluate strengths, shortcomings, and causes;

c) Lessons learned.

5. Prepare specialized reports, tables, statistical charts, diagrams, and graphs.

6. Hold a seminar and revise the specialized report after the seminar.

7. Evaluating and accepting.

Article 73. Development of Land Use Planning Scheme for Defense and Security Lands

1. Determine the direction of using defense and security lands:

a) Summarize the direction and objectives of socio-economic, defense, and security development;

b) Formulate the viewpoint on using defense and security lands;

c) Determine the direction of using defense and security lands for each socio-economic region.

2. Develop the land use planning scheme for defense and security lands:

a) Determine socio-economic, defense, and security development indicators during the planning period;

b) Determine the demand for using defense and security lands for each purpose specified in Article 61 of the Land Law during the planning period, consistent with the overall socio-economic, defense, and security development planning and national socio-economic development plan;

c) Balance and allocate land use indicators for defense and security lands to each provincial administrative unit and socio-economic region;

d) Determine the location and area of defense and security lands to be transferred back to localities for management and use for socio-economic development purposes.

3. Assess the impact of the land use planning scheme for defense and security lands on the economy, society, and environment.

4. Phased planning for land use of defense and security lands:

a) Determine the demand for using defense and security lands in each five-year plan according to the land use planning scheme for defense and security lands;

b) Balance and allocate land resources in the land use planning scheme for defense and security lands for each five-year plan.

5. Implementation measures for land use planning of defense and security lands.

6. Developing a system of analytical tables, charts, diagrams, and graphs.

8. Workshop and revise specialized reports and maps after the workshop.

8. Hold a seminar and revise the specialized report after the seminar.

9. Evaluation and acceptance.

Article 74. Establishing the initial plan for defense land and security land use

1. Determine the socio-economic development targets, defense, and security indicators during the planning period.

2. Draft the initial plan for defense land and security land use:

a) Identify the areas and land area to be used for defense and security purposes within the planning period, as allocated in Point b Clause 5 Article 73 of this Circular, specifying each year and allocating to each provincial administrative unit and economic-social region;

b) Specify the location and land area for defense and security purposes to be handed over to local management during the planning period and allocate to each economic-social region and each provincial administrative unit;

c) Determine the land area to be converted for defense and security purposes within the planning period and allocate to each economic-social region and each provincial administrative unit;

d) List the projects using land for defense and security purposes to be implemented during the planning period, specifying each year;

đ) Determine the measures to implement the plan for defense and security land use.

3. Establish a system of tables, analytical charts, diagrams, and graphs.

4. Prepare a specialized report.

5. Hold a seminar and revise the specialized report after the seminar.

6. Evaluating and accepting.

Article 75. Preparing the comprehensive report and related documents

1. Construction of the comprehensive explanatory report.

2. Completion of the system of tables, charts, diagrams, and graphs.

3. Workshop.

4. Finalize the comprehensive explanatory report; systematize tables, charts, data, diagrams, and graphs after the workshop.

5. Solicit opinions from the People's Committee of the province regarding the planning and land use plans for defense and security lands.

6. Draft documents for approval of the planning and land use plans for defense and security lands.

7. Make copies of files and documents to support the approval process for the planning and land use plans for defense and security lands.

8. Evaluating and accepting.

Article 76. Reviewing and Approving the Planning and Land Use Plans for Defense and Security Lands

1. Review the planning and land use plans for defense and security lands; revise and complete the planning and land use files and documents after review.

2. Submit to the Government for approval of the planning and land use plans for defense and security lands.

3. Evaluate and accept completion.

4. Hand over the project products.

Section 2

The procedure for establishing the final plan for defense and security land use

Article 77. Procedures for Establishing the Final Plan for Defense and Security Land Use

The establishment of the final plan for defense and security land use shall be carried out in the following sequence:

1. Investigate, collect information and documents; analyze and assess natural conditions, economic and social conditions, and the environment; management and use of defense and security lands; results of implementing the previous land use plan for defense and security lands;

2. Establish the final plan for defense and security land use;

3. Developing comprehensive explanatory reports and related documents;

4. Review and approve the final plan for defense and security land use.

Article 78. Investigation, Collection of Information and Documents; Analysis and Assessment of Natural Conditions, Economic and Social Conditions, and the Environment; Management and Use of Defense and Security Lands; Results of Implementing the Previous Land Use Plan for Defense and Security Lands

1. Investigation and collection of information and documents:

a) Collect information and documents related to natural conditions, economic and social conditions, and the environment; management and use of defense and security lands, changes in the use of defense and security lands; results of implementing the previous land use plan for defense and security lands;

b) Conduct field surveys.

2. Summarize and process information and documents; prepare a report on the results of collecting information and documents.

3. Analyzing and evaluating natural conditions, economic, and social conditions, and the environment:

a) Analyze and assess natural conditions and the environment;

b) Analyze and assess economic and social conditions.

4. Analyze and assess the situation of management and use of defense and security lands:

a) Analyze and assess the situation of management and use of defense and security lands;

b) Analyze and assess the current status and changes in the use of defense and security lands.

5. Analyze and assess the results of implementing the previous land use plan for defense and security lands.

6. Preparing specialized reports.

7. Hold discussions and revise the report after the discussion.

8. Evaluating and accepting.

Article 79. Preparation of the final defense land use plan and security land use plan

The preparation of the final defense land use plan and security land use plan shall be carried out in accordance with the procedures stipulated in Article 74 of this Circular.

Article 80. Construction of the comprehensive explanatory report and related documents

The construction of the comprehensive explanatory report and related documents shall be carried out in accordance with the procedures stipulated in Article 75 of this Circular.

Article 81. Examination and Approval of the Final Defense Land Use Plan and Security Land Use Plan

The examination and approval of the final defense land use plan and security land use plan shall be carried out in accordance with the procedures stipulated in Article 76 of this Circular.

Part III

IMPLEMENTING PROVISIONS

Article 82. Effective Date

1. This Circular shall take effect from July 17, 2014.

2. This Circular replaces the following Circulars: Circular No. 19/2009/TT-BTNMT dated November 2, 2009 of the Minister of Natural Resources and Environment on the preparation, adjustment, and examination of land use planning and plans; Circular No. 13/2011/TT-BTNMT dated April 15, 2011 of the Minister of Natural Resources and Environment on the symbols for current land use maps serving land use planning and land use planning maps.

Article 83. Responsibility for Implementation Organization

1. Ministries, ministerial-level agencies, government agencies; Provincial People's Committees, centrally governed cities shall be responsible for directing the implementation of this circular.

2. The General Department of Land Administration shall be responsible for inspecting the implementation of this Circular.

3. Departments of Natural Resources and Environment shall assist provincial People's Committees and municipal People's Committees directly under the Central Government in implementing this Circular at local levels.

ANY DIFFICULTIES OR OBSTACLES ENCOUNTERED DURING THE IMPLEMENTATION OF THIS CIRCULAR SHALL BE REPORTED PROMPTLY TO THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT FOR REVIEW AND RESOLUTION./.