Resolution No. 39/2021/NQ-QH15 on National Land Use Planning for the period 2021-2030 and Vision to 2050, and the Five-Year National Land Use Plan 2021-2025

RESOLUTION
ON THE NATIONAL LAND USE PLAN FOR THE PERIOD 2021-2030 AND VISION UNTIL 2050, AND THE NATIONAL LAND USE PLAN FOR THE 2021-2025 PERIOD

OF THE NATIONAL ASSEMBLY

On the basis of the Constitution of the Socialist Republic of Vietnam;

BASED ON THE LAW ON THE ORGANIZATION OF THE NATIONAL ASSEMBLY NO. 57/2014/QH13, AS AMENDED BY SOME ARTICLES IN LAW NO. 65/2020/QH14;

WHEREAS, Law on Land No. 45/2013/QH13 has been amended and supplemented by Law No. 35/2018/QH14;

WHEREAS, Law on Planning No. 21/2017/QH14;

Having examined the Report No. 490/TTr-CP dated October 28, 2021 of the Government on the National Land Use Plan for the period 2021-2030 and vision until 2050 and the National Land Use Plan for the 2021-2025 period; the Audit Report No. 314/BC-UBKT15 dated October 11, 2021 of the Economic Committee of the National Assembly and the opinions of the National Assembly deputies;

RESOLUTION:

Article 1. Views and objectives of the land use plan

Clause 1. Views

Point a) Ensuring long-term vision, overall perspective, meeting the goals of the Socio-Economic Development Strategy for the 2021-2030 period; being a special resource planning, serving as a basis for sectoral and field-specific planning that uses land; ensuring regional connectivity, inter-provincial connectivity, transportation links, coastal economic corridors, key areas, and international connections; organically linking urban and rural areas; connecting industrialization requirements with urbanization needs across the country and at each locality;

Point b) Ensuring consistency from central to local levels, creating momentum for socio-economic development, cultural development, reinforcing national defense and security; ensuring food security, water security, forest coverage rate; protecting the environment, ecosystems, historical sites, natural heritage, scenic spots; properly addressing social issues, especially housing and production land needs for ethnic minority groups, in line with the characteristics of ethnic minority population distribution; guiding spatial development, reclamation, and sea reclamation;

Point c) Allocating land resources appropriately for each period based on market principles and sustainable development; meeting land demand for socio-economic development based on ecological balance and capacity, protecting and restoring degraded land, proactively preventing and combating natural disasters, adapting to climate change; phased for rational, sustainable, economical, and efficient exploitation and use.

Clause 2. Objectives

Point a) Ensuring land use needs to implement the Socio-Economic Development Strategy for the 2021-2030 period and the Socio-Economic Development Plan for the 2021-2025 period. Reasonably, economically, and effectively allocating land resources for sectors, fields, and localities in socio-economic development, ensuring national defense and security, linked with environmental protection and adaptation to climate change; laying the foundation for Vietnam to become a developed, high-income country by 2045;

Point b) Allocating land funds to meet the requirements of developing a synchronized infrastructure system, ensuring cross-sectoral, cross-regional development space connectivity, economic corridors, and national development driving regions; maintaining 3.5 million hectares of rice-growing land; ensuring a stable forest coverage rate of 42-43%;

Point c) Reclaiming, revitalizing, reclaiming sea areas, putting unused land areas into use; limiting land degradation; rehabilitating degraded land areas in conjunction with environmental protection and sustainable development.

Article 2. Orientation and Vision for National Land Use Planning until 2050

1. Land resources shall be used effectively to meet the comprehensive and synchronized goals of the national renewal process, industrialization, and modernization; implement strategic breakthroughs in building a synchronous economic and social infrastructure system and developing modern, green, civilized cities, completing the goal of becoming a developed country with high income. The land use space will be allocated based on the potential of agricultural ecological regions, the advantages of coastal economic corridors, and six socio-economic regions, ensuring balance in food security requirements, millennium environmental, cultural, defense, and security goals; ensuring the balance of natural ecosystems.

2. The spatial orientation of land use according to territorial regions is as follows:

a) Northern Midland and Mountainous Region: Focus on protecting and restoring forests, especially headwater forests, to ensure environmental security and protect ecosystems; protect and use water sources from lakes and dams effectively for production and living water regulation. Ensure the full utilization of forest resource advantages, mineral resources, border gates, distinctive and diverse ethnic cultures, tourism development potential, and services. Form and develop economic corridors along central routes towards Hanoi Capital, connecting with international economic corridors; develop border region economies, enhance the role of border gate economies;

b) Red River Delta Region: Build Hanoi into a smart, modern, green, clean, beautiful, secure, and safe city. Continue to build the Hai Phong - Quang Ninh area into a marine economic center, the gateway of the North Central Economic Zone linked with the international gateway port of Lach Huyen; focus on developing modern industrial and service sectors. Vigorously promote innovation centers, accelerate urbanization tied with the development of a synchronized and modern infrastructure system, particularly important traffic connection nodes. Develop high-quality rice areas, high-tech agriculture, clean agriculture; boost agricultural product processing industries, consumer goods manufacturing in the southern part of the region;

c) North Central Coast and South Central Coast Region: Enhance the effectiveness of economic zones and industrial parks. Rapidly and synchronously develop clean energy and renewable energy. Strengthen regional linkage, continue forming and developing coastal transportation systems, beach tourism centers, and international-level ecological tourism centers. Effectively utilize north-south economic corridors and east-west economic corridors connected with deep-water ports, specialized ports, and port services; intensify aquaculture, seafood harvesting and processing, logistics service centers, and fishery infrastructure. Increase forest protection and development, especially upstream protective forests, special-use forests, national parks, and nature reserves, coastal protective forests that serve as windbreaks and sand barriers. Enhance disaster prevention and mitigation capabilities against typhoons, floods, droughts; proactively respond effectively to climate change, prevent desertification, and landslides;

d) Central Highlands Region: Improve the efficiency of cash crop and medicinal plant areas; form production, processing, preservation, and distribution chains, establish product brands on the international market. Concentrate on reviewing, consolidating, and protecting special-use forests, national parks, and nature reserves; strengthen the development of upstream protective forests linked with water resource protection, planning reservoir systems, drip irrigation, ensuring water security; determine stable forest compartments; boost the development of processing industries. Develop renewable energy, urban infrastructure of the region; construct expressway structures and upgrade intra-regional traffic networks, inter-regional routes with Southeastern provinces, South Central Coast, with Southern Laos and Northeastern Cambodia; develop large-scale tourist centers, form thematic tourism routes specific to the Central Highlands;

e) Southeastern Region: Enhance regional infrastructure connectivity, create impetus for linkage, spread out to promote cooperation and development with the Mekong Delta, Central Highlands, and South Central Coast regions. Promote the development of Ho Chi Minh City into an international financial center; develop the industrial-city chain Mo Cay - Ho Chi Minh City - Cai Mep - Thi Vai corridor linked with the Trans-Asian economic corridor; focus on developing the Cai Mep - Thi Vai port into an international container transshipment port; construct the Long Thanh international airport city. Develop commercial, ecological agriculture achieving high social and environmental benefits; protect upstream forests, coastal protective forests, and mangrove forests;

f) Mekong Delta Region: Focus on producing commercial agriculture, modern, large-scale; organic agriculture, high-efficiency agriculture; agricultural and aquatic product processing and preservation industries; develop value chains for agriculture concerning the three main products of the region: aquatic products, fruits, and rice; key rice planting areas in the Dong Thap Muoi and Long Xuyen Quadrangle regions; fruit tree planting areas along the Mekong River and Cuu Long River and island areas; aquaculture areas along the coast from Tien Giang to Ha Tien. Accelerate urbanization speed, build a regional urban network creating momentum for development, strengthen linkage with Ho Chi Minh City and the Southeastern region. Construct and develop road and inland waterway networks, connect intra-regional and inter-regional, complement and not conflict with the irrigation and dike systems. Develop renewable and clean energy. Ensure flexible land use, actively adapt to climate change and sea level rise, build anti-erosion, saline intrusion works, protect mangrove ecosystems.

Article 3. Indicators for National Land Use Planning and National Land Use Plan

1. Indicators for National Land Use Planning to 2030

Note:

- The area of agricultural land also includes other types of agricultural land such as salt-making land, aquaculture land... The area of non-agricultural land also includes other types of non-agricultural land such as office building land, river and stream land, campsite land...

- The area of economic zones, high-tech industrial zones, and urban areas is not included when calculating the total natural area.

2. Indicators for the National Land Use Plan for the 2021-2025 period

Note:

- The area of agricultural land also includes other types of agricultural land such as salt-making land, aquaculture land... The area of non-agricultural land also includes other types of non-agricultural land such as office building land, river and stream land, campsite land...

- The area of economic zones, high-tech industrial zones, and urban areas is not included when calculating the total natural area.

Article 4. Tasks and Solutions for Implementation

1. Regarding policies and institutions

a) Amend the Land Law and related laws (including land finance policies) to ensure synchronization to enhance the efficiency of land management and use. Improve land revenue distribution policies to balance and reasonably allocate resources for balanced development among regions; harmonize interests between parties during land conversion according to planning, especially ensuring that people whose land is expropriated have better livelihoods and social welfare for those under working age, over working age, and disadvantaged groups in society;

b) Improve mechanisms and policies towards promoting administrative reform, simplifying administrative procedures; ensuring transparency and openness in information on land use planning; strengthening division of responsibilities and decentralization while monitoring and supervising the implementation of delegated powers; focusing on attracting investment to increase revenue for the state budget; promoting development in remote, mountainous, and economically disadvantaged areas;

c) Improve regulations to facilitate land users converting land use purposes for investment projects according to planning; allowing flexible changes in crop and livestock structures within a maximum of 300 thousand hectares of paddy fields without changing the nature and conditions of paddy field use, enabling conversion back to paddy fields when necessary; strictly limit and control the conversion of paddy fields, especially wet rice cultivation land to non-agricultural land, particularly industrial zones;

d) Study and improve regulations on land acquisition, clearance of land for development of economic and social infrastructure systems, creating land funds around technical infrastructure projects, urban renovation, and rural residential areas for land auctioning, increasing land revenue;

đ) Study and establish criteria, standards, and regulations on investment cost per unit area to ensure efficient and economical management and use of land resources;

2. Regarding science and technology

a) Accelerate digital transformation, striving to complete and connect the national centralized and unified land information system and database by 2025, including data on land planning management updated to individual plots, publicly disclosed transparently, facilitating public and business access to information on land planning and use plans;

b) Strengthen the application of remote sensing technology and geographic information systems (GIS) in land planning formulation and implementation supervision; forecast, warn, investigate, assess, and respond to climate change, manage resources, and protect the environment to meet land management requirements and international integration;

3. Regarding resources

Ensure resources, especially financial resources, to complete the national centralized and unified land information system and database; ensure resources to implement indicators in the land use planning;

4. Regarding climate change response and land fund recovery

a) Rationally and effectively utilize unused land and tidal flat land along rivers and coasts for forest development, greenery in cities and industrial zones; strictly manage natural forests, special-use forests, and protective forests;

b) Promote and encourage the development of cities, industrial zones, and export processing zones following circular models with low greenhouse gas emissions, ensuring land for regional and provincial waste treatment and recycling facilities. Select advanced technologies with low emissions for attracting projects using land in environmentally sensitive areas;

c) Relocate residential areas and production facilities out of areas at risk of natural disasters, geological hazards, landslides, and subsidence;

d) Strengthen solutions to improve and protect soil, water, and biodiversity, especially for degraded agricultural land; prevent and reduce land degradation and soil pollution;

5. Regarding inspection, audit, and supervision

Strengthen discipline and order in the implementation of land planning and utilization plans, intensify inspection, audit, supervision, and handling of wasteful land use, land that has been allocated or leased but not put into use promptly; strictly deal with acts causing pollution, destroying, and degrading land.

6. On propaganda, dissemination, and raising awareness

a) Publicize and make transparent land planning and utilization plans according to the provisions of the law through appropriate forms for each group of subjects;

b) Enhance information, propaganda, and education work to raise the awareness of the people, businesses, agencies, and units about land planning and utilization plans.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

1. The Government shall guide and organize the implementation of the Resolution of the National Assembly on the National Land Use Planning for the period 2021-2030, vision to 2050, and the National Land Utilization Plan for the five-year period 2021-2025; promptly complete and submit to the National Assembly and the Standing Committee of the National Assembly for issuance of relevant documents within their authority; direct ministries, sectors, provincial People's Committees under the central government to implement tasks and solutions in accordance with their functions, duties, and authority:

a) Organize public announcement and promote the supervisory role of the people and competent authorities regarding national land planning and utilization plans;

b) Implement the establishment of land-use planning schemes in a coordinated and consistent manner with the national land use planning and utilization plans; avoid arbitrary adjustment of land use planning indicators without permission from competent authorities; review land use planning schemes towards ensuring consistency and coordination with the national land use planning, ensuring systematic, interconnected, coordinated, inherited, and stable relationships among various plans; land use must be reasonable, effectively utilizing space, ensuring coordination between technical infrastructure and social infrastructure; improve land use efficiency;

c) Develop and promulgate criteria for changing the purpose of rice cultivation land, protective forest land, special-use forest land to other purposes;

d) Allocate financial resources to ensure the implementation of land planning and utilization plans; pay attention to investment in land investigation, evaluation, construction of land records, and completion of the land information system and national land database, determine boundaries, and organize marking of areas of protective forest land, special-use forest land;

đ) Organize the preparation, submission for approval by the competent authority, and implementation of provincial land use planning for the period 2021-2030 and provincial land utilization plan for the five-year period 2021-2025, ensuring land use targets consistent with the national land use planning and utilization plans approved by the National Assembly;

e) Strengthen inspection and audit of the implementation of land use planning, particularly strict management of rice cultivation land, protective forest land, special-use forest land to ensure national food security and ecological environment protection; strictly handle violations of land use planning and utilization plans; complete a unified and synchronized land use planning database combining indicator data and actual delineation to ensure strict management of planning indicators;

g) Continue to review and perfect current land use data. In cases where there are discrepancies between current land use data and the overall national planning, the Government shall submit to the National Assembly for consideration and adjustment of the National Land Use Planning for the period 2021-2030, vision to 2050, and the National Land Utilization Plan for the five-year period 2021-2025;

2. The Prime Minister, based on the national land use planning and utilization targets decided by the National Assembly, allocate land use targets to provinces, centrally-administered cities, the Ministry of National Defense, the Ministry of Public Security, and direct the completion of national-level planning, regional planning, provincial planning for the period 2021-2030, and establish provincial land utilization plans for the five-year period 2021-2025 in 2022;

3. The Standing Committee of the National Assembly, the Economic Committee, the Ethnic Council, other Committees of the National Assembly, Delegations of the National Assembly, and National Assembly deputies shall supervise the implementation of this Resolution;

4. The Vietnam Fatherland Front and its member organizations, other social organizations established in accordance with the law, within their respective functions and powers, supervise and propagate, mobilize the people to implement this Resolution;

This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam, the 15th term, the second session, on November 13, 2021.