Unify focal points on relevant industry planning
This revised Land Law can be said to have institutionalized Resolution No. 18 of the Central Executive Committee on "continuing to innovate and perfect institutions and policies, improving the effectiveness and efficiency of land management and use, creating momentum to turn our country into a developed country with high income". Accordingly, the Law consists of 16 chapters and 260 articles, focusing on perfecting regulations and policies.
Specifically, the Law has amended and supplemented the main contents of the National Land Use Plan. Accordingly, This content is amended and supplemented by Clause 1, Article 243, with the content: “National land use planning includes the following contents: Analysis and assessment of factors, natural conditions, resources, direct impact context and current land use status of sectors and fields; Forecasting trends of land use changes; Determining viewpoints and goals of land use in the new period; Orientation of national land use, socio -economic regions, land use vision to meet land use needs for socio-economic development; ensuring national defense and security; environmental protection, adaptation to climate change; Determining land use indicators for agricultural land groups, non-agricultural land groups; in which determining the area of some types of land including rice-growing land, special-use forest land, protective forest land, production forest land that is natural forest, national defense land, security land; solutions and resources to implement the planning”.
Compared with the 2017 Planning Law , the The new regulations have specifically stated the orientation and vision of land use; determined specific land use indicators. The issuance of specific criteria for each type of land will create conditions for land management agencies to determine appropriate and accurate criteria.
The 2024 Land Law also added provisions on national defense and security land use planning. Accordingly, Clause 2, Article 243 of the Land Law (amended) added Clause 4a after Clause 4, Article 25 of the Planning Law , specifically " National defense land use planning, security land use planning includes the following contents: Orientation for national defense and security land use. Determining the need to use national defense and security land during the land use planning period in accordance with the national master plan; national defense and security tasks and the national socio-economic development plan. Diverging the national defense and security land use planning for each 5-year planning period. Solutions and resources for implementing national defense land use planning, security land use planning". The addition of this provision is very important, creating a legal basis for stable and long-term use of national defense and security land; At the same time, it helps to ensure that the planning and use of these types of land are strictly and in accordance with regulations.
A noteworthy point is that the 2024 Land Law has assigned the Government to specify the content of national sector planning. Accordingly, Clause 2, Article 243 has amended and supplemented Clause 7, Article 25 of the Planning Law , specifically: “The Government shall specify the content of national sector planning in Clauses 3, 4, 4a, 5, and 6 of this Article; regulate the integration of planning into national sector planning. The preparation, appraisal, approval and adjustment of technical and specialized planning to implement the contents specified in Clauses 3, 4, 4a, 5, and 6 of this Article shall comply with the provisions of relevant laws”. Assigning the Government to specify the content of national sector planning will create initiative and flexibility in adjusting and supplementing land planning and unifying focal points for relevant sector planning.
Land use orientation for each district-level administrative unit
One of the new points of the Land Law (amended) this time is the orientation of land use to each district-level administrative unit. Previously, according to the provisions of Point l, Clause 2, Article 27 of the Planning Law , the provincial planning contained the content of "Allocation and zoning of land by functional area and by land type to each district-level administrative unit". However, currently, according to Clause 3, Article 243 of the Land Law (amended), this provision has been amended to "Orientation of land use to each district-level administrative unit". The orientation of land use will create conditions for the district level in implementing the land use plan; in accordance with the land use needs of the locality at the district and commune levels in each specific period and stage.
In addition, the Land Law (amended) also adds technical and specialized planning. In Clause 4, Article 243, planning number 1a is added before number 1 of Appendix II of the Law on Planning on the List of technical and specialized planning as follows: Planning name (1a. Provincial land use planning) and Regulatory document (Land Law No. 31/2024/QH15).
In addition, Clause 2, Article 243 of the Land Law (amended) amended the opening paragraph of Clause 4, Article 25 of the 2017 Planning Law as follows: "Planning for the use of national resources, except for planning for the use of national defense land and planning for the use of security land, includes the following contents"... Thus, the new regulation only amends the opening paragraph to exclude types of land use planning with specific characteristics, such as defense and security land.
Article 253 of the Land Law (amended) also specifically stipulates the transition in land use planning and plans when this Law comes into effect. Accordingly, land use planning and plans that have been decided and approved by competent state agencies before the effective date of the Land Law (amended) shall continue to be implemented and adjusted when reviewing land use planning and plans according to the provisions of Article 73 of the Law. For localities that have had their provincial planning for the period 2021 - 2030 approved in accordance with the provisions of the law on planning before the effective date of the Land Law (amended), they shall continue to use the land allocation and zoning plan in the provincial planning to carry out land management work until the end of the planning period. Adjustments to provincial planning shall be implemented in accordance with the provisions of the Law on Planning .
It can be said that the Land Law (amended) has many new points, especially supplementing and amending the planning contents stipulated in the 2017 Planning Law in a strict, specific and detailed manner, but also creating proactiveness and flexibility in planning and land use planning. This creates conditions for land management agencies and land users to implement land use planning and plans more effectively, contributing to promoting the country's socio-economic development.
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