Decree No. 68/2001/ND-CP On land planning and land use plans

DECREE OF THE GOVERNMENT

Regarding land use planning and plans

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Based on the Land Law dated July 14, 1993 and the Law Amending and Supplementing Certain Provisions of the Land Law dated December 2, 1998; the Law Amending and Supplementing Certain Provisions of the Land Law dated June 29, 2001;

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

DECREE DECIDE:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Decree stipulates the establishment, examination and approval, and management of land use planning and plans.

Article 2. Establishment of land use planning and plans

1. The Government assigns the General Department of Land Administration to take the lead and coordinate with relevant ministries and sectors to establish the national land use planning and plan.

2. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).People's Committees of provinces and centrally governed cities; Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).People's Committees of districts, towns, and cities under provinces; Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).People's Committees of communes, wards, and towns shall establish the land use planning and plan for their respective localities.

3. The Ministry of National Defense and the Ministry of Public Security shall establish land use planning and plans for purposes of national defense and security.

Article 3Examination and Approval Authority for Land Use Planning and Plans

1. The Government shall examine and approve the land use planning and plans of Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).People's Committees of provinces and centrally governed cities; annual adjustment and supplementation plans and five-year land use plans of People's Committees of provinces and centrally governed cities; land use planning and plans for purposes of national defense and security.

2. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).People's Committees of higher levels shall examine and approve the annual land use plans of Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).People's Committees of lower levels directly under them.

Article 4. Authority to Adjust and Supplement Land Use Planning and Plans

The competent state agency specified in Article 3 of this Decree has the authority to decide on adjusting and supplementing land use planning and plans within its examination and approval authority.

Article 5. Implementation of Land Use Planning and Plans

1. Land use planning and plans that have been decided and approved by competent state agencies serve as the basis for allocating land use, transferring land, leasing land, changing land use purposes, converting paddy fields to aquaculture or perennial crops, and converting perennial crop fields to annual crops.

2. All levels, sectors, organizations, and individuals using land must comply with land use planning and plans that have been decided and approved by competent state agencies.

Chapter II

LAND USE PLANNING

Article 6. Basis for Establishing Land Use Planning

1. Orientation for economic and social development, national defense, and security.

2. Urban development planning.

3. Environmental protection requirements; requirements for protecting and preserving historical and cultural relics and scenic spots.

4. Current status of land fund and land use needs.

5. Land use standards.

6. Scientific and technological progress.

7. Results of implementing previous land use planning and plans.

Article 7. Duration of Land Use Planning

Land use planning is for ten years consistent with the national strategy for economic and social development.

Article 8Content of Land Use Planning

1. The delineation of land types is carried out as follows:

a) Survey, research, analysis, and synthesis of natural conditions, socio-economic conditions, and current land use status; assessment of land potential;

b) Determining the direction and objectives of land use during the planning period;

c) Reasonably allocating the land fund for economic and social development needs, national defense, and security;

d) Proposing measures for land use, protection, improvement, and ecological environment protection to ensure sustainable development.

2. During each period, if there are changes in the orientation for economic and social development, adjust the delineation of land types accordingly.

3. Measures to organize the implementation of land use planning.

Article 9Responsibility for Establishing Land Use Planning

1. The General Department of Land Administration leads and coordinates with the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Construction, the Ministry of Industry, the Ministry of Transport, the Ministry of Agriculture and Rural Development, the Ministry of Fisheries, and other relevant ministries and sectors to establish the national land use planning and report it to the Government.

2. The Ministry of National Defense and the Ministry of Public Security lead and coordinate with relevant ministries and sectors and Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).People's Committees of provinces and centrally governed cities to establish land use planning for purposes of national defense and security and report it to the Government.

3. The Department of Land Administration or the Department of Land Administration and Real Estate (hereinafter referred to as the Department of Land Administration), the land administration agency at the district level leads and coordinates with related agencies to establish land use planning within their jurisdiction, report to Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).People's Committee for submission to the People's Council at the same level for approval before submitting to the competent state agency for examination and approval.

4. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).People's Committees of communes, wards, and towns establish land use planning for their respective localities, organize public opinion solicitation, report to the People's Council at the same level for approval before submitting to Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).People's Committees of counties, towns, and cities under provinces for examination and approval.

Article 10Time of Submission of Land Use Planning

Land use planning must be submitted to the competent state agency for examination and approval in the first year of the planning period.

Chapter III

LAND USE PLAN

Article 11Basis for Establishing Five-Year and Annual Land Use Plans

1. Land use planning that has been decided or examined and approved by competent state agencies.

2. Five-year and annual national economic and social development plans.

3. Land use needs of organizations, households, and individuals and the current status of the land fund.

4. Land use standards.

5. Scientific and technological progress.

6. Results of implementing previous land use plans.

Article 12Content of Land Use Plans

1. Evaluation and analysis of the implementation of previous land use plans:

a) Implementation of land use plans for specific purposes and residential land;

b) Conversion of agricultural land and forest land with trees for other uses;

c) Conversion of annual crop agricultural land and paddy fields to aquaculture or perennial crops; conversion of perennial crop agricultural land to annual crops;

d) Implementation of plans to expand areas for agricultural, forestry production, and other purposes.

2. Establishing five-year and annual land use plans:

a) The delineation of land types in five-year and annual land use plans is carried out as follows:

Determine the demand for land use for specialized purposes, residential purposes, including specifying the list of key projects and land fund usage projects to generate capital for infrastructure construction.

Estimate the area of agricultural land and forest land intended for other purposes.

Estimate the area of annual crop cultivation land and paddy field land converted to aquaculture and perennial crop planting; the area of perennial crop planting land converted to annual crop planting.

Plan for reclamation to expand the area of land for agricultural, forestry production and other purposes.

b) The five-year land use plan must be detailed down to each year.

3. Adjustments to the five-year land use plan must be consistent with the land use planning; annual land use plan adjustments must be consistent with the five-year land use plan.

4. Measures to organize the implementation of the land use plan.

Article 13Responsibilities for establishing the land use plan

1. The Land Administration General Department shall take the lead and coordinate with the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Construction, the Ministry of Industry, the Ministry of Transport, the Ministry of Agriculture and Rural Development, the Ministry of Fisheries, and other relevant ministries and sectors to establish the national five-year land use plan and compile the annual adjustment and supplementation plans of provinces and centrally-administered cities for reporting to the Government.

2. The Ministry of National Defense and the Ministry of Public Security shall establish the five-year land use plan for defense and security purposes for reporting to the Government.

3. The Land Administration Department shall take the lead and coordinate with the agencies of Planning and Investment, Finance, Construction, Industry, Transport, Agriculture and Rural Development, Fisheries, and other relevant agencies to establish the five-year land use plan and the annual adjustment and supplementation plans of provinces and centrally-administered cities, and report to Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the provincial people's council for submission to the provincial People's Council for approval before submitting to the Government for review.

4. The land administration agency at the district level shall take the lead and coordinate with relevant agencies to establish the annual land use plan of districts, towns, and cities under provinces, and report to Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the district people's council for submission to the district People's Council for approval before submitting to Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the provincial people's council for review.

5. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the commune, ward, town people's council shall establish the annual land use plan of their locality for submission to the local People's Council for approval before submitting to Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the district people's council for review.

Article 14Time of submission of the land use plan

1. The time of submission of the five-year and annual land use plans should be consistent with the time of submission of the socio-economic development plan.

2. Annual adjusted and supplemented land use plans must be submitted for approval within the last six months of each year.

Chapter IV

REVIEW AND APPROVAL OF LAND USE PLANNING AND PLAN

Article 15DOCUMENTS FOR REVIEW AND APPROVAL

1. Documents for reviewing and approving the land use planning and the five-year land use plan include:

a) The proposal of Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the people's council and the resolution of the same-level People's Council approving the land use planning and the five-year land use plan;

b) Detailed reports on the land use planning and the five-year land use plan and accompanying appendices;

c) Current land use maps, land use planning maps, five-year land use plan maps, and thematic maps.

2. Documents for reviewing and approving the annual land use plan of Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the commune, ward, town people's council and Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the district, town, city under province people's council include:

a) The proposal of Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the people's council and the resolution of the same-level People's Council approving the annual land use plan;

b) Detailed reports on the annual land use plan;

c) List of projects expected to be implemented in the annual plan.

3. Documents for reviewing and approving the annual adjusted and supplemented land use plan of Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the centrally-administered province and city people's council include:

a) The proposal of Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).People's Committees of provinces and centrally governed cities;

b) Detailed reports on the adjusted and supplemented plan, including the situation of land use plan implementation in the year, the list of key projects proposed for adjustment and supplementation, and measures to implement the adjusted and supplemented plan.

Article 16ANNOUNCEMENT OF LAND USE PLANNING AND PLAN

Within thirty days from the date the competent state agency approves the land use planning and plan, the land administration agency shall publicly announce the land use planning and plan and the land use of investment projects at the provincial and district land administration offices and Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the commune people's council.

Article 17FINANCIAL RESOURCES FOR ESTABLISHING LAND USE PLANNING AND PLAN

1. Financial resources for establishing land use planning and plan are provided by the state budget and implemented as follows:

a) Financial resources for establishing the national land use planning and plan, and land use planning and plan for defense and security purposes are funded by the central budget.

b) Financial resources for establishing the provincial, district, and commune land use planning and plan are funded by the provincial budget.

2. The Ministry of Finance and the Land Administration General Department shall issue standards for funding to establish land use planning and plan.

Chapter V

MANAGEMENT OF IMPLEMENTATION OF LAND USE PLANNING AND PLAN

Article 18RESPONSIBILITIES OF THE PEOPLE'S COUNCIL, Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).LOCAL PEOPLE'S COUNCILS AT ALL LEVELS

1. The People's Councils at all levels shall supervise the implementation of land use planning and plan in their respective localities.

2. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Local people's councils at all levels shall organize, direct, inspect, and urge the implementation of the land use planning and plan approved by the competent state agency.

Article 19RESPONSIBILITIES OF THE LAND ADMINISTRATION AGENCIES AT ALL LEVELS

1. Guide the implementation and provide related information on land use planning and plan to organizations, households, and individuals.

2. Propose supplements and adjustments to land use planning and plan to suit each period of economic and social development.

3. Inspect the implementation of land use planning and plan, identify and handle violations within their authority or propose to the competent state agency to handle violations concerning land use planning and plan.

4. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The provincial people's council shall report to the Land Administration General Department on the implementation of the annual land use plan of their locality.

Chapter VI

IMPLEMENTATION

Article 20IMPLEMENTATION ORGANIZATION

1. The Land Administration General Department shall be responsible for guiding the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, and Chairpersons of provincial people's committees shall be responsible for organizing the implementation of this Decree. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).3. The Ministry of National Defense and the Ministry of Public Security shall specify in detail the procedures for planning and using land for national defense and security purposes in accordance with the provisions of this Decree and Government Decree No. 09/CP dated February 12, 1996 on the management and use of national defense and security land.

This Decree takes effect from October 1, 2001, and all previous regulations that conflict with this Decree are hereby abolished./.

Article 21. Effective date

This Decree takes effect from October 1, 2001. All previous provisions contrary to this Decree are abolished./.