Circular 01/2021/TT-BTNMT prescribing the techniques for formulating and adjusting land use plans and master plans

CIRCULAR

Prescribing the techniques for formulating and adjusting land use plans and master plans

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Pursuant to the Land Law dated November 29, 2013;

Pursuant to the Planning Law dated November 24, 2017;

Pursuant to the Law Amending and Supplementing a Number of Articles of Thirty Seven Laws Related to the Planning Law dated June 15, 2018;

Pursuant to the National Assembly Standing Committee’s Resolution No. 751/2019/UBTVQH14 dated August 16, 2019, on explanation a number of articles of the Planning Law;

Pursuant to the Government’s Decree No. 37/2019/ND-CP dated May 07, 2019, detailing a number of articles of the Planning Law;

Pursuant to the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, amending and supplementing a number of decrees detailing the implementation of the Land Law;

Pursuant to the Government’s Decree No. 36/2017/ND-CP dated April 04, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

At the proposal of the Director General of the General Department for Land Administration, the Director of the Science and Technology Department, and the Director of the Legal Department;

The Minister of Natural Resources and Environment hereby promulgates the Circular prescribing the techniques for formulating and adjusting land use plans and master plans.

Part I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Circular prescribes the techniques for formulating and adjusting national land use plans; formulating and adjusting provincial land use plans (including: provinces and municipalities); formulating and adjusting district-level land use plans and master plans (including: districts, towns, provincial cities, and centrally-run cities).

2. This Circular applies to State regulatory authorities, specialized authorities in charge of natural resources and environment, and relevant organizations and individuals.

Article 2. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Land for national infrastructure development includes: land for transportation, land for construction of cultural facilities, land for construction of health facilities, land for construction of education and training institutions, land for construction of physical training and sports facilities, land for energy facilities, land for post and telecommunications facilities, land for construction of national reserve warehouses, land with historical-cultural relics, land for landfill and waste treatment managed by the Central Government.

2. Land for provincial-level infrastructure development includes: land for construction of cultural facilities, land for construction of health facilities, land for construction of education and training institutions, land for construction of physical training and sports facilities, land for transportation, land for irrigation, land for energy facilities, land for post and telecommunications facilities, land with historical-cultural relics, land for landfill and waste treatment, land used by religious institution, land used for cemeteries, graveyards, funeral service centers and crematoria managed by the provincial level.

3. Land for district-level and commune-level infrastructure development includes: construction of cultural facilities, land for construction of health facilities, land for construction of education and training institutions, land for construction of physical training and sports facilities, land for science and technology facilities, land for social service facilities, land for transportation, land for irrigation, land for energy facilities, land for post and telecommunications facilities, land with historical-cultural relics, land for landfill and waste treatment, land used for cemeteries, graveyards, funeral service centers and crematoria, and land for markets managed by district and commune levels.

4. Land for construction of national reserve warehouses is land for building warehouses to store materials, equipment, and goods in the list of national reserve goods managed and held by the State to be used for national reserve purposes.

5. Land us functional zones mean land areas with one or more land types zoned for prioritized use for one or several main purposes defined in the master plans to ensure well-coordinated, effective and sustainable development.

6. Allocated targets mean the land use targets allocated from the national land use plan to the provincial land use plan; from the provincial land use plan to the district land use plan.

7. Defined targets mean the land use targets that must be defined in the land use plan and master plan at each level.

8. Additionally defined targets mean the land use targets that are additionally defined by the local authority based on the targets allocated by the direct superior.

Article 3. The system of land use targets system in land use plans and master plans

1. Land use targets and codes in national land use plans:

Note: * Functional zones are not included in the total natural area.

2. Land use targets and codes in provincial land use plans:

Note: x: allocated, defined, additionally defined.

0: not allocated, not defined, not additionally defined.

*: Functional zones are not included when the total natural area is calculated.

3. Land use targets and codes in district-level land use plans and master plans:

Note: x: allocated, defined, additionally defined.

0: not allocated, not defined, not additionally defined.

*: Functional zones are not included when the total natural area is calculated.

Article 4. Regulations on the forms of land use plans and master plans

1. The forms used for the national land use plan and the adjustment to the national land use plan include:

a) Tables of the national land use plan shall be made using the forms provided in Appendix No. 01 to this Circular;

b) A written proposal and a summary explanatory report shall be made using the forms provided in Appendix No. 04 and Appendix No. 05 to this Circular;

c) A land-use status quo map, a map of the land use plan, a map of the adjustment to the land use plan, and thematic maps shall be made using the forms provided in Appendix No. 08 to this Circular.

2. The forms used for the provincial-level land use plan and the adjustment to the provincial-level land use plan include:

a) Tables of the provincial-level land use plan and the adjustment to the provincial-level land use plan shall be made using the forms provided in Appendix No. 02 to this Circular;

b) A written proposal and a summary explanatory report shall be made using the forms provided in Appendix No. 04 and Appendix No. 05 to this Circular;

c) A land-use status quo map, a map of the land use plan, a map of the adjustment to the land use plan, and thematic maps shall be made using the forms provided in Appendix No. 08 to this Circular.

3. The forms used for the land use master plan and the first-year land use plan of the district-level land use master plan; the adjustment to the land use master plan and the first-year land use plan of the adjustment to the district-level land use master plan include:

a) Tables of the land use plan and master plan; the adjustment to the district-level land use plan and master plan shall be made using the forms provided in Appendix No. 03 to this Circular;

b) A written proposal and a summary explanatory report (attached to the Resolution of the district-level People's Council on the approval of the land use master plan) shall be made using the forms provided in Appendix No. 04 and Appendix No. 05 to this Circular;

c) A land use status quo map; a map of the land use master plan, a map of the first-year land use plan of the district-level land use master plan; a map of the adjustment to the land use master plan, a map of the first-year land use plan of the adjustment to the district-level land use master plan, and thematic maps shall be made using the forms provided in Appendix No. 08 to this Circular.

4. The forms used for the district-level annual land use plan include:

a) Tables of the district-level annual land use plan shall be made using the forms provided in Appendix No. 03 to this Circular;

b) A written proposal and a summary explanatory report shall be made using the forms provided in Appendix No. 04 and Appendix No. 05 to this Circular;

c) A map of the district-level annual land use plan and thematic maps shall be made using the forms provided in Appendix No. 08 to this Circular.

5. The decision on approval of the land use plan and master plan and the adjustment to the land use plan and master plan shall be made using the form provided in Appendix No. 06 to this Circular;

6. The report on the implementation of the land use plan and master plan shall be made using the form provided in Appendix No. 07 to this Circular.

Article 5. Land use status quo maps and symbols shown on land use status quo maps for the purpose of formulating and adjusting land use plans and master plans; maps of land use master plans and maps of land use plans

1. Land use status quo maps for the purpose of formulating and adjusting land use plans and master plans (hereinafter referred to as land use status quo maps), which shall demonstrate land types at each respective administrative division as prescribed in Article 3 of this Circular and be made in accordance with the following regulations:

a) In case of formulating the land use master plan and the first-period land use plan, adjusting the land use master plan at the same time with formulating the last-period land use plan, or formulating the last-period land use plan without adjusting the land use master plan, the land use status quo map made from land inventory results shall be used;

b) In case of adjusting the land use plan and master plan where the time of adjustment does not coincide with the time of land inventory, it shall be made on the basis of the land use status quo map prepared from the land inventory results and the additional investigation results at the time of adjustment.

2. Symbols and feature layers, map layout, confirmation and approval signature shown on land use status maps, maps of master plans, adjustments to master plans, and land use plans shall comply with Appendix No. 04 to Circular No. 27/2018/TT-BTNMT dated December 14, 2018 of the Minister of Natural Resources and Environment prescribing land statistics and inventory, and making of land use status quo maps (hereinafter referred to as Circular No. 27/2018/TT-BTNMT) and Appendix No. 08 to this Circular.

Part II

REGULATIONS ON TECHNIQUES FOR FORMULATING, ADJUSTING, APPRAISING, APPROVING, PUBLICLY DISCLOSING AND ARCHIVING DOSSIERS RELATED TO LAND USE PLANS AND MASTER PLANS

Chapter I

REGULATIONS ON TECHNIQUES FOR FORMULATING NATIONAL LAND USE PLANS

Section 1

REGULATIONS ON TECHNIQUES FOR FORMULATING FIRST-PERIOD NATIONAL LAND USE PLANS

Article 6. The process of formulating the first-period national land use plan

The first-period national land use plan, in case it is formulated simultaneously with the national land use master plan, shall be formulated following the process below:

1. Investigate, collect additional information and documents, and conduct the site survey for the first-period national land use plan.

2. Analyze and evaluate the implementation of the national land use plan in the previous period.

3. Formulate the first-period national land use plan.

4. Prepare a summary explanatory report and related documents.

Article 7. Investigation, collection of additional information and documents, and site survey for the first-period national land use plan

1. Investigate and collect additional information and documents:

a) Investigate and collect information and documents related to the current land administration and land use, land use changes, and results of implementation of the national land use plan in the previous period;

b) Investigate and collect information and documents on land use needs and projects using land defined and proposed by authorities of sectors and fields;

c) Investigate and collect information and documents on land use needs as defined by the direct subordinate People's Committees;

d) Classify and evaluate the information and documents collected.

2. Conduct additional site investigation and survey:

a) Determine the scope of the site investigation and survey; formulate a site survey plan;

b) Conduct the site investigation and survey;

c) Edit and supplement information and documents based on the results of the site investigation and survey.

3. Summarize and process information and documents.

4. Prepare an investigation report, collect information and documents.

5. Hold a conference to reach agreement on the results of the investigation, collected information and documents.

6. Evaluate and accept.

Article 8. Analysis and evaluation of the implementation of the national land use plan in the previous period

1. Analyze and evaluate the implementation of the targets in the national land use plan in the previous period.

a) Results of implementation of the targets in the national land use plan in the previous period;

b) Analyze and evaluate the strengths, shortcomings and their causes;

c) Draw lessons.

2. Analyze and evaluate results of the change of land use purposes.

3. Evaluate the strengths and shortcomings in implementing the national land use plan in the previous period, and their causes.

4. Formulate thematic reports (including: thematic reports on land for rice cultivation; land for protection forests, land for special-use forests, land for production forests; land for industrial parks, land for hi-tech parks, land for economic zones; urban land; land for transportation); a map demonstrating the results of reviewing the implementation of the national land use plan in the previous period.

5. Hold a conference and edit the thematic reports and maps after the conference.

6. Evaluate and accept.

Article 9. Formulation of the first-period national land use plan

1. Generalize socio-economic development orientations and objectives related to the first-period national land use plan.

2. Determine the areas of land types in the national land use master plan for each 5-year land use plan period.

3. Make a 5-year land use plan for each socio-economic region and provincial-level administrative division.

4. Allocate land use targets stated in Clause 3 of this Article for each socio-economic region and each provincial-level administrative division.

5. Determine the areas of the land types of which land use purposes need to be changed as prescribed at Points a, c, d and e, Clause 1, Article 57 of the Land Law in the planning period for each socio-economic region and each district-level administrative division.

6. Determine the area of unused land put into use in the planning period for each socio-economic region and each provincial administrative division.

7. Determine the sizes and locations of works and projects which use land for the purposes prescribed in Article 61 and Clause 1, Clause 2 of Article 62 of the Land Law in order for them to be implemented in the first land use planning period.

8. Estimate the proceeds and expenditures incurred in relation to land under the land use plan.

9. Develop solutions to implement the first-period national land use plan:

a) Solutions for land protection and improvement, and environmental protection;

b) Solutions for resources for implementation of the first-period national land use plan;

c) Solutions for organizing and monitoring the implementation of the first-period national land use plan;

d) Other solutions.

10. Make a map of the first-period national land use plan and the thematic maps of the land use plan (including: thematic maps of land for rice cultivation; land for protection forests, land for special-use forests, land for production forests; land for industrial parks, land for hi-tech parks, land for economic zones; urban land; land for transportation).

11. Make the system of tables, analytical data charts, diagrams, and graphs.

12. Formulate thematic reports (including: thematic reports on land for rice cultivation; land for protection forests, land for special-use forests, land for production forests; land for industrial parks, land for hi-tech parks, land for economic zones; urban land; land for transportation).

13. Hold a conference and edit the reports and maps after the conference.

14. Evaluate and accept.

Article 10. Preparation of a summary explanatory report and related documents

1. Prepare a summary explanatory report.

2. Finalize the system of tables, data charts, diagrams, and graphs.

3. Finalize the first-period national land use plan.

4. Hold a conference.

5. Finalize the summary explanatory report; the system of tables, data tables, diagrams, charts; maps of the first-period national land use plan after the conference.

6. Draft the documents to be submitted for the purpose of approving the first-period national land use plan.

7. Photocopy the dossiers and documents used for the purpose of approving the first-period national land use plan.

8. Report to the Government the first-period national land use plan; edit and finalize dossiers and documents after reporting.

9. Evaluate and accept.

Section 2

REGULATIONS ON TECHNIQUES FOR FORMULATING LAST-PERIOD NATIONAL LAND USE PLANS

Article 11. The process of formulating the last-period national land use plan

The last-period national land use master plan shall be formulated following the steps below:

1. Investigate, collect information and documents, and conduct the site survey for the last-period national land use plan.

2. Analyze and evaluate the natural, socio-economic and environmental conditions affecting land use.

3. Analyze and evaluate the current land administration and land use, land use changes, and results of implementation of the national land use plan in the previous period.

4. Formulate the last-period national land use plan.

5. Prepare a summary explanatory report and related documents.

Article 12. Investigation, collection of information and documents, and site survey for the last-period national land use plan

1. Investigate and collect information and documents:

a) Investigate and collect information and documents related to the natural, economic, social, and environmental conditions affecting land use; the current land administration and land use, land use changes, and results of implementation of the national land use plan in the previous period;

b) Investigate and collect information and documents on land use needs and projects using land defined and proposed by authorities of sectors and fields;

c) Investigate and collect information and documents on land use needs as defined by the direct subordinate People's Committees;

d) Classify and evaluate the information and documents collected.

2. Conduct the site investigation and survey:

a) Determine the scope of the site investigation and survey; formulate a site survey plan;

b) Conduct the site investigation and survey;

c) Edit and supplement information and documents based on the results of the site investigation and survey.

3. Summarize and process information and documents.

4. Prepare an investigation report, collect information and documents.

5. Hold a conference to reach agreement on the results of the investigation, collected information and documents.

6. Evaluate and accept.

Article 13. Analyze and evaluate the natural, socio-economic and environmental conditions affecting land use

1. Analyze and evaluate the natural conditions, resources and environment:

a) Analyze natural conditions;

b) Analyze the characteristics of resources;

c) Analyze the environmental status quo;

d) Evaluate overall.

2. Analyze and evaluate the current status of socio-economic development:

a) Generally analyze the current status of socio-economic development;

b) Analyze the current development status of sectors and fields;

c) Analyze the current population, labor, employment and income, and customs related to land use;

d) Analyze the current status of urban and rural development; current status of infrastructure development;

dd) Evaluate overall.

3. Analyze and evaluate the climate change impacts on land use:

a) Rising sea levels, saltwater intrusion;

b) Desertification, erosion, landslides.

4. Make thematic maps.

5. Formulate thematic reports.

6. Hold a conference and edit the thematic reports and maps after the conference.

7. Evaluate and accept.

Article 14. Analyze and evaluate the current land administration and land use, land use changes, and results of implementation of the national land use plan in the previous period

1. Analyze and evaluate the current implementation of some issues of State governance over land related to the implementation of the national land use plan in the previous period:

a) Review the progress;

b) Analyze and evaluate the strengths, shortcomings and their causes;

c) Draw lessons.

2. Analyze and evaluate the land use status quo and changes:

a) Review the land use status quo by land type;

b) Land use changes by land type in the previous national land use planning period;

c) Analyze and evaluate the economic, social, and environmental efficiency of land use;

d) Analyze and evaluate the shortcomings and their causes.

3. Analyze and evaluate the implementation of the national land use plan in the previous period:

a) Results of implementation of the targets in the national land use plan in the previous period;

b) Analyze and evaluate the strengths, shortcomings and their causes;

c) Draw lessons.

4. Analyze and evaluate results of the change of land use purposes.

5. Evaluate the strengths and shortcomings in implementing the national land use plan in the previous period, and their causes.

6. Make a land use status quo map to be used for the last-period national land use master plan.

7. Formulate thematic reports (including: thematic reports on land for rice cultivation; land for protection forests, land for special-use forests, land for production forests; land for industrial parks, land for hi-tech parks, land for economic zones; urban land; land for transportation); a map demonstrating the results of reviewing the implementation of the national land use plan in the previous period.

8. Hold a conference and edit the thematic reports and maps after the conference.

9. Evaluate and accept.

Article 15. Formulation of the last-period national land use plan

1. Generalize socio-economic development orientations and objectives related to the last-period national land use plan.

2. Summarize and consider including unimplemented land use targets of the first-period land use plan into the last-period national land use plan.

3. Determine the areas of land types in the 5-year land use planning period.

4. Allocate land use targets stated in Clause 3 of this Article for each socio-economic region and each provincial-level administrative division.

5. Determine the areas of the land types of which land use purposes need to be changed as prescribed at Points a, c, d and e, Clause 1, Article 57 of the Land Law in the planning period for each socio-economic region and each district-level administrative division.

6. Determine the area of unused land put into use in the planning period for each socio-economic region and each provincial administrative division.

7. Determine the sizes and locations of works and projects which use land for the purposes prescribed in Article 61 and Clause 1, Clause 2 of Article 62 of the Land Law in order for them to be implemented in the last land use planning period.

8. Estimate the proceeds and expenditures incurred in relation to land under the last-period national land use plan.

9. Develop solutions to implement the last-period national land use plan:

a) Solutions for land protection and improvement, and environmental protection;

b) Solutions for resources for implementation of the last-period national land use plan;

c) Solutions for organizing and monitoring the implementation of the last-period national land use plan;

d) Other solutions.

10. Make a map of the last-period national land use plan and the thematic maps of the land use plan (including: thematic maps of land for rice cultivation; land for protection forests, land for special-use forests, land for production forests; land for industrial parks, land for hi-tech parks, land for economic zones; urban land; land for transportation).

11. Make the system of tables, analytical data charts, diagrams, and graphs.

12. Formulate thematic reports (including: thematic reports on land for rice cultivation; land for protection forests, land for special-use forests, land for production forests; land for industrial parks, land for hi-tech parks, land for economic zones; urban land; land for transportation).

13. Hold a conference and edit the reports and maps after the conference.

14. Evaluate and accept.

Article 16. Preparation of a summary explanatory report and related documents

The summary explanatory report on the land use master plan, and related documents shall be prepared following the process prescribed in Article 10 of this Circular.

Section 3

REGULATIONS ON TECHNIQUES FOR ADJUSTING NATIONAL LAND USE PLANS

Article 17. The process of adjusting the national land use plan

The national land use master plan shall be adjusted following the steps below:

1. Investigate and collect additional information and documents, and conduct the site survey; additionally analyze and evaluate the natural, economic, social, and environmental conditions affecting land use; the situation of land management and use, land use changes, and results of implementation of the national land use plan.

2. Formulate the adjustment to the national land use plan.

3. Prepare a summary explanatory report and related documents.

Article 18. Investigation, collection of additional information and documents, site survey; additional analysis and evaluation of the natural, economic, social, and environmental conditions affecting land use; the situation of land management and use, land use changes, and results of implementation of the national land use plan

1. Investigate, collect additional information and documents, and conduct the site survey:

a) Investigate and collect additional information and documents related to the natural, economic, social, and environmental conditions affecting land use; the situation of land management and use, land use changes, and results of implementation of the national land use plan;

b) Investigate and collect additional information and documents on land use needs and projects using land defined and proposed by authorities of sectors and fields in the national land use plan;

c) Investigate and collect additional information and documents on land use needs as defined by the direct subordinate People's Committees;

d) Investigate and conduct the site survey to collect additional information and documents.

2. Summarize and process information and documents, prepare an investigation report, collect additional information and documents.

3. Additionally analyze and evaluate the natural, socio-economic and environmental conditions affecting land use:

a) Additionally analyze and evaluate the natural conditions, resources and the environmental status quo;

b) Additionally analyze and evaluate the current status of socio-economic development;

c) Additionally analyze and evaluate the climate change impacts on land use.

4. Additionally analyze and evaluate the current land administration and land use, and land use changes:

a) Additionally analyze and evaluate the current implementation of some issues of State governance over land related to the adjustment of the national land use plan;

b) Additionally analyze and evaluate the land use status quo and changes.

5. Analyze and evaluate the implementation of the national land use plan.

6. Analyze and evaluate results of the national change of land use purposes.

7. Evaluate the advantages, disadvantages and causes in the implementation of the national land use plan.

8. Formulate thematic reports (including: thematic reports on land for rice cultivation; land for protection forests, land for special-use forests, land for production forests; land for industrial parks, land for hi-tech parks, land for economic zones; urban land; land for transportation).

9. Hold a conference, edit and finalize thematic reports after the conference.

10. Evaluate and accept.

Article 19. Formulation of the adjustment to the national land use plan

1. Summarize land use targets that need to be adjusted and supplemented to be included in the national land use plan.

2. Other issues of the land use plan shall be adjusted in accordance with Clause 1 and Clauses 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, Article 15 of this Circular.

Article 20. Preparation of a summary explanatory report and related documents

The summary explanatory report on the adjustment to the national land use master plan, and related documents shall be prepared following the process prescribed in Article 10 of this Circular.

Chapter II

REGULATIONS ON TECHNIQUES FOR FORMULATING AND ADJUSTING PROVINCIAL-LEVEL LAND USE PLANS

Section 1

REGULATIONS ON TECHNIQUES FOR FORMULATING PROVINCIAL-LEVEL LAND USE PLANS

Article 21. The process of formulating the provincial-level land use plan

A map of the provincial-level land use plan shall be made following the process prescribed in Article 11 of this Circular.

Article 22. Investigation, collection of information and documents, and site survey for the provincial-level land use plan

The investigation, collection of information and documents, and site survey for the provincial-level land use plan shall follow the process prescribed in Article 12 of this Circular.

Article 23. Analyze and evaluate the natural, socio-economic and environmental conditions affecting land use

1. The analysis and evaluation of natural, socio-economic and environmental conditions affecting land use shall comply with Clauses 1, 2 and 3, Article 13 of this Circular.

2. Make thematic maps.

3. Formulate thematic reports.

4. Hold a conference and edit the thematic reports and maps after the conference.

5. Evaluate and accept.

Article 24. Analysis and evaluation of the current land administration and land use, land use changes, and results of implementation of the provincial-level land use plan in the previous period

1. The analysis and evaluation of the current land administration and land use, land use changes, and results of implementation of the land use plan in the previous period shall comply with Clauses 1, 2, 3, 4, 5, and 6, Article 14 of this Circular.

2. Formulate thematic reports (including: the thematic reports on land for rice cultivation; land for protection forests, land for special-use forests, land for production forests; land for industrial parks, land for industrial clusters, land for hi-tech parks, land for economic zones; urban land; land for transportation; land for irrigation, and thematic reports on zones: agricultural production zones; forestry zones; tourist zones; nature reserves and biodiversity conservation areas; industrial development zones; urban areas; commercial and service zones; rural residential areas); a map demonstrating the results of reviewing the implementation of the provincial-level land use plan in the previous period.

3. Hold a conference and edit the thematic reports and maps after the conference.

4. Evaluate and accept.

Article 25. Formulation of the provincial-level land use plan

1. Generalize socio-economic development orientations and objectives related to the provincial-level land use plan.

2. Determine the areas of land types in the 5-year land use planning period.

a) Determine the areas of land types allocated in the national land use plan and master plan within the provincial-level locality.

b) Determine the areas of land types determined by the provincial level.

3. Determine the areas of the land types using the method of land allocation and zoning under the provincial-level land use master during the land use planning period for each year and each district-level administrative division.

4. Determine the areas of the land types of which land use purposes need to be changed as prescribed at Points a, b, c, d and e, Clause 1, Article 57 of the Land Law in the planning period for each year and each district-level administrative division.

5. Determine the area of unused land put into use in the planning period for each year and each commune-level administrative division.

6. Determine the sizes and locations of works and projects which use land for the purposes prescribed in Article 61 and Article 62 of the Land Law in order for them to be implemented in the land use planning period for each year and each district-level administrative division. For projects on technical infrastructure, construction, improvement of urban centers and rural residential areas, the determination of locations and areas of recovered land areas in the adjacent areas must be conducted simultaneously in order to put land use rights up for auction to implement housing, commercial, service, production and business projects.

7. Estimate the proceeds and expenditures incurred in relation to land under the provincial-level land use plan.

8. Develop solutions to implement the provincial-level land use plan:

a) Solutions for land protection and improvement, and environmental protection;

b) Solutions for resources for implementation of the provincial-level land use plan;

c) Solutions for organizing and monitoring the implementation of the provincial-level land use plan.

9. Make a map of the provincial-level land use plan and thematic maps of the land use plan (including: the thematic maps of land for rice cultivation; land for protection forests, land for special-use forests, land for production forests; land for industrial parks, land for industrial clusters, land for hi-tech parks, land for economic zones; urban land; land for transportation; land for irrigation, and thematic maps of zones: agricultural production zones; forestry zones; tourist zones; nature reserves and biodiversity conservation areas; industrial development zones; urban areas; commercial and service zones; rural residential areas).

10. Make the system of tables, analytical data charts, diagrams, and graphs.

11. Formulate thematic reports (including: the thematic reports on land for rice cultivation; land for protection forests, land for special-use forests, land for production forests; land for industrial parks, land for industrial clusters, land for hi-tech parks, land for economic zones; urban land; land for transportation; land for irrigation, and thematic reports on zones: agricultural production zones; forestry zones; tourist zones; nature reserves and biodiversity conservation areas; industrial development zones; urban areas; commercial and service zones; rural residential areas).

12. Hold a conference and edit the reports and maps after the conference.

13. Evaluate and accept.

Article 26. Preparation of a summary explanatory report and related documents

1. Prepare a summary explanatory report.

2. Finalize the system of tables, data charts, diagrams, and graphs.

3. Finalize the map of the provincial-level land use plan.

4. Hold a conference.

5. Finalize the summary explanatory report; systematic tables, data tables, diagrams, charts; maps of the land use master plan after the conference.

6. Draft the documents to be submitted for the purpose of approving the provincial-level land use plan.

7. Photocopy the dossiers and documents used for the purpose of approving the provincial-level land use plan.

8. Report to the Prime Minister the provincial-level land use plan; edit and finalize dossiers and documents after reporting.

9. Evaluate and accept.

Section 2

REGULATIONS ON TECHNIQUES FOR ADJUSTING PROVINCIAL-LEVEL LAND USE PLANS

Article 27. The process of adjusting the provincial-level land use plan

The provincial-level land use plan shall be adjusted following the process prescribed in Article 17 of this Circular.

Article 28. Investigate, collect additional information and documents, conduct the site survey; additionally analyze and evaluate the natural, economic, social, and environmental conditions affecting land use; the situation of land management and use, land use changes, and results of implementation of the provincial-level land use plan

Investigation, collection of additional information and documents, site survey; additional analysis and evaluation of the natural, economic, social, and environmental conditions affecting land use; the situation of land management and use, land use changes, and results of implementation of the provincial-level land use plan shall follow the process prescribed in Article 18 of this Circular.

Article 29. Formulation of the adjustment to the provincial-level land use plan

1. Determine the areas of the land types that need to be adjusted and supplemented to be included in the 5-year land use plan adjustment period.

a) Determine the areas of land types allocated in the national land use plan and master plan within the provincial-level locality.

b) Determine the areas of land types determined by the provincial level.

2. Other issues of the land use plan shall be adjusted in accordance with Clause 1 and Clauses 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, Article 25 of this Circular.

Article 30. Preparation of a summary explanatory report and related documents

The summary explanatory report on the adjustment to the provincial-level land use master plan, and related documents shall be prepared following the process prescribed in Article 26 of this Circular.

Chapter III

REGULATIONS ON TECHNIQUES FOR FORMULATING AND ADJUSTING DISTRICT-LEVEL LAND USE PLANS AND MASTER PLANS

Section 1

REGULATIONS ON TECHNIQUES FOR FORMULATING LAND USE MASTER PLANS AND FIRST-YEAR LAND USE PLANS OF DISTRICT-LEVEL LAND USE MASTER PLANS

Article 31. The process of formulating the land use master plan and the first-year land use plan of the district-level land use master plan

The land use master plan and the first-year land use plan of the district-level land use master plan shall be formulated following the steps below:

1. Investigate, collect information and documents, and conduct the site survey.

2. Analyze and evaluate the natural, socio-economic and environmental conditions affecting land use.

3. Analyze and evaluate the current land administration and land use, land use changes; results of implementation of the district-level land use plan and master plan in the previous period, and the potential of land.

4. Formulate the district-level land use master plan.

5. Formulate the first-year land use plan of the district-level land use master plan.

6. Prepare a summary explanatory report and related documents.

Article 32. Investigation, collection of information and documents, and site survey

1. Investigate and collect information and documents:

a) Investigate and collect information and documents related to the natural, economic, social, and environmental conditions affecting land use; the current land administration and land use, land use changes, and results of implementation of the district-level land use plan and master plan in the previous period, and the potential of land;

b) Investigate and collect information and documents on land use needs and projects using land defined and proposed by authorities of sectors and fields;

c) Investigate and collect information and documents on land use needs as defined by the direct subordinate People's Committees;

d) Classify and evaluate the information and documents collected.

2. Conduct the site investigation and survey:

a) Determine the scope of the site investigation and survey; formulate a site survey plan;

b) Conduct the site investigation and survey;

c) Edit and supplement information and documents based on the results of the site investigation and survey.

3. Summarize and process information and documents.

4. Prepare an investigation report, collect information and documents.

5. Hold a conference to reach agreement on the results of the investigation, collected information and documents.

6. Evaluate and accept.

Article 33. Analyze and evaluate the natural, socio-economic and environmental conditions affecting land use

1. Analyze and evaluate the natural conditions, resources and environment:

a) Analyze natural conditions;

b) Analyze the characteristics of resources;

c) Analyze the environmental status quo;

d) Evaluate overall.

2. Analyze and evaluate the current status of socio-economic development:

a) Generally analyze the current status of socio-economic development;

b) Analyze the current development status of sectors and fields;

c) Analyze the current population, labor, employment and income, and customs related to land use;

d) Analyze the current status of urban and rural development; current status of infrastructure development;

dd) Evaluate overall.

3. Analyze and evaluate the climate change impacts on land use:

a) Rising sea levels, saltwater intrusion;

b) Desertification, erosion, landslides.

4. Make thematic maps.

5. Formulate thematic reports.

6. Hold a conference and edit the thematic reports and maps after the conference.

7. Evaluate and accept.

Article 34. Analysis and evaluation of the current land administration and land use, land use changes; results of implementation of the district-level land use plan and master plan in the previous period, and the potential of land

1. Analyze and evaluate the current implementation of some issues of State governance over land related to the implementation of the district-level land use plan and master plan:

a) Review the progress;

b) Analyze and evaluate the strengths, shortcomings and their causes;

c) Draw lessons.

2. Analyze and evaluate the land use status quo and changes:

a) Review the land use status quo by land type;

b) Land use changes by land type in the previous master planning period;

c) Analyze and evaluate the economic, social, and environmental efficiency of land use;

d) Analyze and evaluate the shortcomings and their causes.

3. Analyze and evaluate the implementation of the district-level land use plan and master plan in the previous period:

a) Results of implementation of the targets in the district-level land use plan and master plan in the previous period;

b) Analyze and evaluate results of the change of land use purposes;

c) Analyze and evaluate results of putting unused land into use;

d) Analyze and evaluate the advantages, disadvantages and causes;

dd) Draw lessons.

4. Analyze and evaluate the potential of land:

a) Analyze and evaluate potential of land for agriculture;

b) Analyze and evaluate potential of land for non-agricultural purposes.

5. Make a land use status quo map to be used for the district-level land use master plan.

6. Formulate thematic reports (including: the thematic reports on land for rice cultivation; land for protection forests, land for special-use forests, land for production forests; land for aquaculture; land for salt production; land for industrial parks, land for industrial clusters, land for hi-tech parks, land for economic zones; land used for commercial and service purposes, land for non-agricultural production establishments; urban land; land for transportation; land for irrigation, and thematic reports on zones: agricultural production zones; forestry zones; tourist zones; nature reserves and biodiversity conservation areas; industrial development zones; urban areas; commercial and service zones; rural residential areas); a map demonstrating the results of reviewing the implementation of the district-level land use plan and master plan in the previous period.

7. Hold a conference and edit the thematic reports and maps after the conference.

8. Evaluate and accept.

Article 35. Formulation of the district-level land use master plan

1. Generalize the socio-economic development orientations and objectives.

2. Determine the land use orientations.

3. Formulate the district-level land use master plan:

a) Define socio-economic development targets in the district-level land use master planning period;

b) Define land use targets by land type, including land use targets allocated from the provincial-level master plan to the district level and the land use targets based on the land use needs of the district and commune levels;

c) Determine the land use needs of sectors and fields in the master planning period for each commune-level administrative division;

d) Summarize land use needs and balance them to define land use targets by land type stated at Point b and Point c of this Clause, then allocate them for each commune-level administrative division;

dd) Determine land use targets by functional zone.

4. Evaluate the impact of land use master plan options on the economy, society and environment:

a) Evaluate the impact of land use master plan options on revenue from land allocation, land lease, and change of land use purposes, and the costs for compensation, support and resettlement;

b) Evaluate the impact of land use master plan options on the ability to ensure food security;

c) Evaluate the impact of land use master plan options on the arrangement of residential land fund, the level of impact on the daily life of households that have to relocate, and the number of workers who have to change their occupations due to the change of land use purposes;

d) Evaluate the impact of land use master plan options on urbanization and infrastructure development;

dd) Evaluate the impact of land use master plan options on the restoration of historical and cultural relics and famous landscapes, and the preservation of ethnic cultures;

e) Evaluate the impact of land use master plan options on the ability to reasonably exploit natural resources; requirements for conservation and development of forest are and forest cover.

5. Develop solutions to implement the district-level land use master plan:

a) Solutions for land protection and improvement, and environmental protection;

b) Solutions for resources for implementation of the district-level land use master plan;

c) Solutions for organizing and monitoring the implementation of the district-level land use master plan;

d) Other solutions.

6. Make the system of tables, analytical data charts, diagrams, and graphs.

7. Make the maps of the district-level land use master plan, including:

a) A map of the district-level land use master plan;

b) Maps detailed for each commune-level administrative division in land areas planned for rice cultivation and areas of which the land use purposes are planned to be changed in accordance with Points a, b, c, d and e, Clause 1, Article 57 of the Land Law.

8. Make thematic maps (including: land use orienteering map; thematic maps of land for rice cultivation; land for protection forests, land for special-use forests, land for production forests; land for aquaculture; land for salt production; land for industrial parks, land for industrial clusters, land for hi-tech parks, land for economic zones; land used for commercial and service purposes, land for non-agricultural production establishments; urban land; land for transportation; land for irrigation, and thematic reports on zones: agricultural production zones; forestry zones; tourist zones; nature reserves and biodiversity conservation areas; industrial development zones; urban areas; commercial and service zones; rural residential areas).

9. Formulate thematic reports (including: the thematic reports on land for rice cultivation; land for protection forests, land for special-use forests, land for production forests; land for aquaculture; land for salt production; land for industrial parks, land for industrial clusters, land for hi-tech parks, land for economic zones; land used for commercial and service purposes, land for non-agricultural production establishments; urban land; land for transportation; land for irrigation, and thematic reports on zones: agricultural production zones; forestry zones; tourist zones; nature reserves and biodiversity conservation areas; industrial development zones; urban areas; commercial and service zones; rural residential areas).

10. Hold a conference and edit the thematic reports and maps after the conference.

11. Evaluate and accept.

Article 36. Making of the first-year land use plan of the district-level land use master plan

1. Define provincial land use targets already allocated to the district level in the planning year and allocate them for each commune-level administrative division.

2. Determine the land use needs of sectors and fields in the planning year and allocate them for each commune-level administrative:

a) Land use targets in the previous year's land use plan that have not been all implemented, which must be consistent with the socio-economic development objectives at the district level;

b) Land use needs of organizations, households and individuals at the district level based on consideration of applications from those in need of land use.

3. Summarize land use needs and balance them to define land use targets for sectors and fields in the planning year, then allocate them for each commune-level administrative division.

4. Determine the areas of the land types of which land use purposes need to be changed as prescribed at Points a, b, c, d and e, Clause 1, Article 57 of the Land Law in the planning year for each district-level administrative division.

5. Determine the area of unused land put into use in the planning year for each commune-level administrative division.

6. Determine the sizes and locations of works and projects which use land for the purposes prescribed in Article 61 and Article 62 of the Land Law in order to recover land in the planning year.

For works and projects using land for the purposes prescribed in Article 61 and Article 62 of the Land Law funded by the State budget, their capital must be recorded as implemented in the planning year.

For the works and projects using land for the purposes of technical infrastructure, construction, improvement of urban centers and rural residential areas, the determination of locations and areas of the recovered land in the adjacent area must be conducted simultaneously in order to put up land use rights for auction to implement housing, commercial, service, production and business projects.

7. Determine the land area of which land use purposes need to be changed for acquisition of land through transfer, lease of land use rights, and acceptance of land use rights contributed as capital in the planning year based on the consideration of the land user's application.

8. Estimate the proceeds from land allocation, land lease, change of land use purposes, and expenditures for compensation, support and resettlement in the district-level land use planning year.

9. Determine the solutions to implement the district-level land use plan.

10. Make the system of tables, analytical data charts, diagrams, and graphs.

11. Make the maps of the first-year land use plan of the district-level land use master plan, including:

a) A map of the first-year land use plan of the district-level land use master plan, which demonstrates the areas of which the land use purposes are planned to be changed and the areas planned to be recovered by the State in the planning year on the base map that is the district-level land use plan;

b) Drawings demonstrating locations, boundaries, and areas of works and projects in the annual land use plan for each land plot, which are represented using one of the following types of documents on the base map that is the cadastral map. If no cadastral map is available, they are represented on the base map that is the commune-level land use status quo map:

For centralized construction works or projects, the documents and drawings during the process of preparing and approving detailed construction master plans or investment projects (if any) shall be used;

Information about the areas cleared as land fund for auction of the land use rights, the areas of which the land use rights are acquired through transfer, leased, or contributed as capital, resulting in land use purposes being changed, and other cases where the land use purposes are changed shall be extracted from the map of the district-level land use master plan;

For linear projects and works, the orienteering maps of the linear technical infrastructure system master plans shall be used.

c) Map of areas of which the land use purposes need to be changed in the planning year on the base map that is the map of the district-level land use master plan.

12. Prepare a draft summary explanatory report on the annual land use plan.

13. Report to the district-level People's Committee on the draft annual district-level land use plan; edit and finalize the land use plan dossier and documents, then submit them to the competent authority for appraisal.

14. Evaluate and accept.

Article 37. Preparation of a summary explanatory report and related documents

1. Prepare a summary explanatory report.

2. Finalize the system of tables, data charts, diagrams, and graphs.

3. Finalize the system of maps of the district-level land use plan and master plan.

4. Hold a conference.

5. Finalize the summary explanatory report; the system of tables, data tables, diagrams, charts; the system of maps of the district-level land use plan and master plan after the conference.

6. Consult organizations, individuals and communities on the district-level land use master plan:

a) Prepare documents for consultation (documents include: land use master planning targets, works and projects implemented during the district-level land use master planning period);

b) Conduct the consultation by: organizing consultations, collecting opinions, and publicizing information on the web portals of the provincial-level and district-level People's Committees;

c) Prepare a report on acknowledging and explaining the opinions and publicly disclose it on the web portal of the district-level People's Committee;

d) Edit and finalize the district-level land use plan and master plan after consultation.

7. Draft the documents to be submitted for the purpose of approving the district-level land use plan and master plan.

8. Photocopy the dossiers and documents used for the purpose of approving the district-level land use plan and master plan.

9. Report to the district-level People's Committee on the district-level land use plan and master plan; edit and finalize the dossier and documents and submit them to the competent authority for appraisal.

10. Evaluate and accept.

Section 2

REGULATIONS ON TECHNIQUES FOR FORMULATING LAND USE MASTER PLANS AND FIRST-YEAR LAND USE PLANS OF THE ADJUSTMENTS TO THE DISTRICT-LEVEL LAND USE MASTER PLANS

Article 38. The process of adjusting the land use master plan and the first-year land use plan of the adjustment to the district-level land use master plan

The land use master plan and the first-year land use plan of the adjustment to the district-level land use master plan shall be adjusted following the steps below:

1. Investigate, collect additional information and documents, conduct the site survey; additionally analyze and evaluate the natural, economic, social, and environmental conditions affecting land use; the situation of land management and use, land use changes, and results of implementation of the land use master plan.

2. Formulate the adjustment to the district-level land use master plan.

3. Formulate the first-year land use plan of the adjustment to the district-level land use master plan.

4. Prepare a summary explanatory report and related documents.

Article 39. Investigation, collection of additional information and documents, site survey; additional analysis and evaluation of the natural and socio-economic conditions affecting land use; the situation of land management and use, land use changes, and results of implementation of the district-level land use plan and master plan

1. Investigate and collect additional information and documents:

a) Investigate and collect additional information and documents related to the natural, economic, social, and environmental conditions affecting land use; the current land administration and land use, land use changes, and results of implementation of the district-level land use plan, and the potential of land;

b) Investigate and collect additional information and documents on land use needs and projects using land determined and proposed by authorities of sectors and fields;

c) Investigate and collect additional information and documents on land use needs as determined by the commune-level People's Committees;

d) Classify and evaluate the information and documents collected.

2. Conduct the site investigation and survey:

a) Determine the scope of the site investigation and survey to be adjusted and supplemented; formulate a site survey plan;

b) Conduct the site investigation and survey;

c) Edit and supplement information and documents based on the results of the adjusted and supplemented site investigation and survey.

3. Summarize and process information and documents.

4. Prepare an investigation report, collect additional information and documents.

5. Hold a conference to reach agreement on the results of the investigation, collected information and documents.

6. Evaluate and accept.

7. Additionally analyze and evaluate the natural and socio-economic conditions:

a) Additionally analyze and evaluate the natural conditions, resources and the environmental status quo;

b) Additionally analyze and evaluate the current status of socio-economic development;

c) Additionally analyze and evaluate the climate change impacts on land use.

8. Additionally analyze and evaluate the current land administration and land use, and land use changes:

a) Additionally analyze and evaluate the current implementation of some issues of State governance over land related to the adjustment of the district-level land use plan and master plan;

b) Analyze and evaluate the land use status quo and changes.

9. Analyze and evaluate the implementation of the district-level land use master plan.

10. Make a land use status quo map to be used for adjusting the district-level land use master plan.

11. Formulate thematic reports (including: the thematic reports on land for rice cultivation; land for protection forests, land for special-use forests, land for production forests; land for aquaculture; land for salt production; land for industrial parks, land for industrial clusters, land for hi-tech parks, land for economic zones; land used for commercial and service purposes, land for non-agricultural production establishments; urban land; land for transportation; land for irrigation, and thematic reports on zones: agricultural production zones; forestry zones; tourist zones; nature reserves and biodiversity conservation areas; industrial development zones; urban areas; commercial and service zones; rural residential areas); a map demonstrating the results of reviewing the implementation of the first-period district-level land use plan and master plan.

12. Hold a conference and edit the thematic reports and maps after the conference.

13. Evaluate and accept.

Article 40. Formulation of the adjustment to the district-level land use master plan

1. Determine the areas of land types that need to be adjusted and supplemented to be included in the adjustment to the district-level land use master plan:

a) Define socio-economic development targets in the district-level land use master planning period;

b) Define land use targets by land type, including land use targets allocated from the provincial-level master plan to the district level and the land use targets based on the land use needs of the district and commune levels;

c) Determine the land use needs of sectors and fields in the master planning period for each commune-level administrative division;

d) Summarize land use needs and balance them to define land use targets stated at Point b and Point c of this Clause, then allocate them for each commune-level administrative division;

dd) Determine land use targets by functional zone.

2. Other issues of the district-level land use master plan shall be adjusted in accordance with Clause 1, Clause 2 and Clauses 4, 5, 6, 7, 8, 9, 10, 11, Article 35 of this Circular.

Article 41. Formulation of the first-year land use plan of the adjustment to the district-level land use master plan

The formulation of the first-year land use plan of the adjustment to the district-level land use master plan shall follow the process prescribed in Article 36 of this Circular.

Article 42. Preparation of a summary explanatory report and related documents

The summary explanatory report on the adjustment to the land use master plan and the first-year land use plan of the adjustment to the district-level land use master plan, and related documents shall be prepared in accordance with Article 37 of this Circular.

Section 3

REGULATIONS ON TECHNIQUES FOR FORMULATING DISTRICT-LEVEL ANNUAL LAND USE PLANS

Article 43. The process of formulating the district-level annual land use plan

The district-level annual land use plan for the remaining years shall be formulated following the steps below:

1. Investigate, collect information and documents, and conduct the site survey.

2. Analyze and evaluate the implementation of the land use plan in the previous year.

3. Formulate the district-level annual land use plan.

Article 44. Investigation, collection of information and documents, and site survey

1. Investigate and collect information and documents:

a) Investigate and collect information and documents related to the natural, economic, social, and environmental conditions affecting land use; and results of implementation of the land use plan in the previous year;

b) Investigate and collect information and documents on land use needs and projects using land defined and proposed by authorities of sectors and fields;

c) Investigate and collect information and documents on land use needs as determined by the commune-level People's Committees;

d) Classify and evaluate the information and documents collected.

2. Conduct the site investigation and survey:

a) Determine the scope of the site investigation and survey; formulate a site survey plan;

b) Conduct the site investigation and survey;

c) Edit and supplement information and documents based on the results of the site investigation and survey.

3. Summarize and process information and documents.

4. Prepare an investigation report, collect information and documents.

5. Hold a conference to reach agreement on the results of the investigation, collected information and documents.

6. Evaluate and accept.

Article 45. Analysis and evaluation on the implementation of the land use plan in the previous year

1. Collect information and documents related to the district-level annual land use master plan.

2. Analyze and evaluate information and documents related to the district-level annual land use master plan.

3. Analyze and evaluate the implementation of the land use plan in the previous year.

4. Formulate thematic reports (including: the thematic reports on land for rice cultivation; land for protection forests, land for special-use forests, land for production forests; land for aquaculture; land for salt production; land for industrial parks, land for industrial clusters, land for hi-tech parks, land for economic zones; land used for commercial and service purposes, land for non-agricultural production establishments; urban land; land for transportation; land for irrigation, and thematic reports on zones: agricultural production zones; forestry zones; tourist zones; nature reserves and biodiversity conservation areas; industrial development zones; urban areas; commercial and service zones; rural residential areas); a map demonstrating the results of reviewing the implementation of the district-level land use plan and master plan in the previous period.

5. Hold a conference and edit the thematic reports after the conference.

6. Evaluate and accept.

Article 46. Formulation of the district-level annual land use plan

1. Define provincial land use targets already allocated to the district level in the planning year and allocate them for each commune-level administrative division.

2. Determine the land use needs of sectors and fields in the planning year and allocate them for each commune-level administrative:

a) Land use targets in the previous year's land use plan that have not been all implemented, which must be consistent with the socio-economic development at the district level;

b) Land use needs of organizations, households and individuals at the district level based on consideration of applications from those in need of land use.

3. Summarize land use needs and balance them to define land use targets for sectors and fields in the planning year, then allocate them for each commune-level administrative division.

4. Determine the areas of the land types of which land use purposes need to be changed as prescribed at Points a, b, c, d and e, Clause 1, Article 57 of the Land Law in the planning year for each district-level administrative division.

5. Determine the area of unused land put into use in the planning year for each commune-level administrative division.

6. Determine the sizes and locations of works and projects which use land in accordance with Article 61 and Article 62 of the Land Law in order to recover land in the planning year.

For works and projects prescribed in Article 61 and Article 62 of the Land Law funded by the State budget, their capital must be recorded as implemented in the planning year.

For the works and projects on technical infrastructure, construction, improvement of urban centers and rural residential areas, the determination of locations and areas of the recovered land in the adjacent area must be conducted simultaneously in order to put up land use rights for auction to implement housing, commercial, service, production and business projects.

7. Determine the land area of which land use purposes need to be changed for acquisition of land through transfer, lease of land use rights, and acceptance of land use rights contributed as capital in the planning year based on the consideration of the land user's application.

8. Estimate the proceeds from land allocation, land lease, change of land use purposes, and expenditures for compensation, support and resettlement in the district-level land use planning year.

9. Determine the solutions to implement the district-level annual land use plan.

10. Make the system of tables, analytical data charts, diagrams, and graphs.

11. A map of the district-level annual land use plan shall be made in accordance with Clause 11, Article 36 of this Circular.

12. Prepare a draft summary explanatory report on the district-level annual land use plan.

13. Photocopy the dossiers and documents used for the purpose of approving the district-level annual land use plan.

14. Report to the district-level People's Committee on the draft annual district-level land use plan; edit and finalize the land use plan dossier and documents, then submit them to the competent authority for appraisal.

15. Evaluate and accept.

Article 47. The process of formulating annual land use plans of urban districts for which urban development master plans have been approved by competent State authorities

Annual land use plans of urban districts for which urban development master plans have been approved by competent State authorities shall be formulated following the processes specified in Article 43, Article 44, Article 45 and Article 46 of this Circular.

Article 48. The process of formulating the district-level annual land use plan in cases where the land use master plan has not been approved

In cases where the land use targets for the land use master planning period have not been fully implemented by the end of such land use master planning period, they shall continue to be implemented until the following land use master planning period is approved; on that basis, district-level annual land use plans shall be prepared in accordance with Article 43, Article 44, Article 45, Article 46 and Article 47 of this Circular, ensuring their consistency with the land use targets for the land use master planning period approved by competent authorities.

Chapter IV

APPRAISAL, APPROVAL, PUBLIC DISCLOSURE AND ARCHIVING OF DOSSIERS RELATED TO LAND USE PLANS AND MASTER PLANS

Article 49. Appraisal, approval and public disclosure of land use master plans and land use plans

1. Appraisal, approval and public disclosure of the first-period and last-period land use plans, and the adjustment to the national land use

a) Organize the appraisal of the first-period and last-period land use plans, and the adjustment to the national land use plan before submitting them to the Government;

b) Edit and finalize the dossier and documents of the first-period and last-period land use plans, and the adjustment to the national land use plan, and submit them to the National Assembly for decision;

c) Publicly disclose the first-period and last-period land use plans, and the adjustment to the national land use plan;

d) Evaluate and accept;

dd) Deliver the product.

2. Appraisal, approval and public disclosure of the land use plan and the adjustment to the provincial-level land use plan

a) Organize the appraisal of the land use plan and the adjustment to the provincial-level land use plan;

b) Edit and finalize the dossier and documents of the land use plan and adjust the provincial-level land use plan, and submit them to the Prime Minister for approval;

c) Publicly disclose the land use plan and the adjustment to the provincial-level land use plan;

d) Evaluate and accept;

dd) Deliver the product.

3. Appraisal, approval and public disclosure of the land use master plan and the first-year land use plan of the district-level land use master plan; the adjustment to the land use master plan and the first-year land use plan of the adjustment to the district-level land use master plan

a) Organize the appraisal of the land use master plan and the first-year land use plan; the adjustment to the land use master plan and the first-year land use plan of the adjustment to the land use master plan;

b) Edit and finalize the dossier and documents of the land use master plan and the first-year land use plan of the district-level land use master plan; the adjustment to the land use master plan and the first-year land use plan of the adjustment to the land use master plan and submit them to the district-level People's Council for approval of the land use master plan and the first-year land use plan of the district-level land use master plan; the adjustment to the land use master plan and the first-year land use plan of the adjustment to the land use master plan;

c) Edit and finalize the dossier and documents related to the land use master plan and the first-year land use plan of the district-level land use master plan; the adjustment to the land use master plan and the first-year land use plan of the adjustment to the district-level land use master plan, then submit them to the district-level People’s Committee for approval;

d) Publicly disclose the land use master plan and the first-year land use plan of the district-level land use master plan; the adjustment to the land use master plan and the first-year land use plan of the adjustment to the land use master plan;

dd) Evaluate and accept;

e) Deliver the product.

4. Appraise, approve and publicly disclose the district-level annual land use plan

a) Organize the appraisal of the district-level annual land use plan;

b) Edit and finalize the dossiers and documents related to the district-level annual land use plan, and submit them to the provincial-level People's Council for approval of the list of projects requiring land recovery;

c) Edit and finalize the dossiers and documents related to the district-level annual land use plan, and submit them to the provincial-level People's Committee for approval;

d) Publicly disclose the district-level annual land use plan;

dd) Evaluate and accept;

e) Deliver the product.

Article 50. Archiving of dossiers of land use plans and master plans

1. 04 sets of documents related to the national land use plan or the adjustment to the national land use plan (if any) shall be archived (01 set by the National Assembly’s Office, 01 set by the Government Office, 02 sets by the Ministry of Natural Resources and Environment). The documents to be archive include: the written approval, the summary explanatory report, the land use status quo map, the map of the (adjustment to) land use plan, and thematic maps.

2. 05 sets of documents related to the provincial-level land use plan or the adjustment to the provincial-level land use plan (if any) shall be archived (01 set by the Government Office, 02 sets by the Ministry of Natural Resources and Environment, 01 set by the provincial-level People's Committee, 01 set by the provincial-level Department of Natural Resources and Environment). The documents to be archive include: the written approval, the summary explanatory report, the land use status quo map, the map of the (adjustment to) land use plan, and thematic maps.

3. District-level land use plans and master plans

a) 04 sets of documents related to the land use master plan and the first-year land use plan of the district-level land use master plan; the adjustment to the land use master plan and the first-year land use plan of the adjustment to the district-level land use master plan shall be archived (01 set by the provincial-level People's Committee, 01 set by the provincial-level Department of Natural Resources and Environment, 01 set by the district-level People's Committee, 01 set by the district-level Division of Natural Resources and Environment). The documents to be archive include: the written approval, the summary explanatory report, the land use status quo map, the map of the (adjustment to) district-level land use master plan, and thematic maps.

b) 05 sets of documents related to the district-level annual land use plan shall be archived (01 set by the provincial-level People's Committee, 01 set by the provincial-level Department of Natural Resources and Environment, 01 set by the district-level People's Committee, 01 set by the district-level Division of Natural Resources and Environment, 01 set by the commune-level People's Committee). The documents to be archive include: the written approval, the summary explanatory report, the map of the district-level annual land use plan, and thematic maps.

Part III

IMPLEMENTATION PROVISIONS

Article 51. Effect

1. This Circular takes effect on May 26, 2021.

2. This Circular supersedes Circular No. 29/2014/TT-BTNMT dated June 2, 2014 of the Minister of Natural Resources and Environment prescribing the formulation and adjustment of land use plans and master plans.

3. Projects to formulate and adjust land use plans and master plans that were formulated before the effective date of this Circular but have not been appraised and approved shall be implemented as follows:

a) The volume of work performed before the effective date of this Circular shall not be adjusted in accordance with this Circular.

b) The volume of work not yet performed shall be adjusted in accordance with this Circular.

Article 52. Responsibilities for implementation

1. Ministries, ministerial-level agencies, People’s Committees of provinces and municipalities, and relevant organizations and individuals shall be responsible for implementing this Decree.

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

3. The provincial-level Departments of Natural Resources and Environment shall be responsible for assisting the People's Committees of provinces and municipalities in implementing this Circular in their respective localities.

Difficulties and bottlenecks that arise during the implementation of this Circular should be promptly reported by relevant authorities, organizations, and individuals to the Ministry of Natural Resources and Environment for consideration and appropriate supplementation./.