The Government issues a Decree on land reclamation activities.

The sea area identified for encroachment must have specific location, area, boundary, and coordinates. Photo: D.Y.

Decree 42 clearly states that the sea area identified for sea encroachment must have specific location, area, boundary, and coordinates determined according to the provisions of the law on surveying and mapping. The determination of the sea area for sea encroachment to be included in the land use planning and plan must ensure the principles specified in Points a, b, and d, Clause 2, Article 190 of the 2024 Land Law.

The provincial People's Committee shall determine and include the sea area for carrying out sea encroachment activities in the land allocation and zoning plan according to functional areas and land types for each district-level administrative unit of the provincial planning, provincial land use plan, district-level land use plan, and district-level land use plan.

In case the sea area identified for sea encroachment is already included in the provincial planning or construction planning or urban planning (except for the case specified in Clause 5, Article 40 of the 2013 Land Law) but not yet included in the district-level land use planning, the provincial People's Committee shall direct the inclusion in the district-level land use planning and the annual district-level land use plan.

In case the sea area identified for sea encroachment is not included in the provincial planning, the provincial People's Committee shall direct the district People's Committee to establish, adjust and supplement the district-level land use planning and the annual district-level land use plan.

For investment projects with sea encroachment activities that have received written approval to implement projects with sea encroachment activities from competent state agencies in accordance with the provisions of law before the effective date of this Decree (April 16, 2024), the sea area determined for sea encroachment will be included in the total area of the administrative unit. After completing sea encroachment, the area of land types will be supplemented with land use indicators according to the land use purpose stated in the investment project with sea encroachment activities in the provincial planning and district-level land use planning that have been allocated.

The Decree also regulates the approval of investment policies and decisions on investment policies for investment projects involving sea encroachment activities; land allocation, land lease, and allocation of sea areas for sea encroachment; acceptance of completed sea encroachment; determination of land use fees and land rents, etc.

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