VietnameseDecree No. 69/2009/ND-CP dated August 13, 2009 of the Government additionally providing for land use planning, land prices, land recovery, compensation, support and resettlement
ATTRIBUTE
Decree No. 69/2009/ND-CP dated August 13, 2009 of the Government additionally providing for land use planning, land prices, land recovery, compensation, support and resettlement
| Issuing body: | Government | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 69/2009/ND-CP | Signer: | Nguyen Tan Dung |
| Type: | Decree | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 13/08/2009 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Land - Housing , Policy |
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Effect status: Known
THE GOVERNMENT -------------- No. 69/2009/ND-CP | SOCIALIST REPUBLIC OF VIETNAM Independence- Freedom- Happiness ------------- Hanoi, August 13, 2009 |
DECREE
Additionally providing for land use planning, land prices, land recovery, compensation, support and resettlement
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 26, 2003 Land Law;
At the proposal of the Minister of Natural Resources and Environment,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.
Scope of regulation
This Decree additionally provides for land use planning and plans; land recovery, compensation, support and resettlement in case of land recovery by the State; land prices; land allocation and lease; issuance of certificates of land use rights and ownership of houses and other assets attached to land, and land use duration extension.
Article 2.
Subjects of application
1. Agencies performing the state management of land, and agencies, organizations and individuals involved in land management.
2. Land users and organizations and individuals related to land use.
Chapter II
SPECIFIC PROVISIONS
Section l. LAND USE PLANNING
Article 3.
Contents of national-level land use planning
1. A national-level land use planning covers:
a/ Determining the area of land for agricultural purposes, clearly identifying areas for wet rice cultivation, protection forests, special-use forests and nature reserves;
b/ Determining the area of land for non-agricultural purposes, clearly identifying areas for defense, security, urban development, disposal and landfill of hazardous wastes, industrial parks, development of infrastructure works of national importance, and relics, spots of beauty and scenic places;
c/ Making national-level land use planning maps;
d/ Solutions for implementing the land use planning.
2. The Government shall submit to the National Assembly for decision targets of the national-level land use planning.
Article 4.
Contents of provincial-level land use planning
1. A provincial-level land use planning covers:
a/ Specifically indicating areas of land of different categories in the province which have been allocated under the national-level land use planning;
b/ Determining areas of land of different categories to meet the province’s socio-economic development needs, including land for perennials, land for production forests and land for intensive aquaculture; land for building the province’s working offices and non-business works; land for provincial-level infrastructure development; land for disposal and landfill of hazardous wastes; land for mining activities; land of religious and belief establishments; provincially managed land for cemeteries; land for relics, spots of beauty and scenic places, and land for tourist zones;
c/ Areas of land of different categories subject to permission of competent state agencies upon change of use purposes to meet the province’s needs;
d/ Determining unused land areas to be put, into use;
e/ Making provincial-level land use planning maps;
f/ Solutions for implementing the land use planning.
2. Provincial-level People's Committees shall submit to the Government for approval targets of their provincial-level land use plannings.
Article 5.
Contents of district-level land use planning
1. A district-level land use planning covers:
a/ Specifically indicating areas of land of different categories in the district which have been allocated under the provincial-level land use planning;
b/ Determining areas of land of different categories to meet the district's socio-economic development needs, including land for non-intensive aquaculture; land for salt-making; land for rural residential areas; land for building the district’s working offices and non-business works; land for disposal and burial of hazardous wastes; land for production and business establishments; land for manufacturing building materials, porcelain and china; land for development of the district's infrastructure; land with special-use water surface; and district-managed land for cemeteries;
c/ Areas of land of different categories subject to permission of competent state agencies upon change of use purposes to meet the district's needs;
d/ Determining unused land areas to be put into use;
e/ Making district-level the land use planning maps;
f/ Solutions for implementing the land use planning.
2. District-level People’s Committees shall submit to provincial-level People's Committees for approval targets of their district-level land use plannings.
Article 6.
Contents of commune-level land use planning
1. A commune-level land use planning covers:
a/ Determining areas of land of different categories in the commune which have been allocated under the district-level land use planning;
b/ Determining areas of land of different categories to meet the commune's socio-economic development needs, including land for upland rice cultivation, land for planting other annual trees and other agricultural land; land for building the commune’s working offices and non-business works; commune-managed land for cemeteries; lake and stream land; land for the commune’s infrastructure development and other non-agricultural land;
c/ Areas of land of different categories subject to permission of competent state agencies upon change of use purposes to meet the commune’s needs;
d/ Making commune-level land use planning map;
e/ Solutions for implementing the land use planning.
2. Commune-level People’s Committees shall submit to district-level People's Committees for approval targets of their communes’ land use planning outside areas planned for urban development.
District-level People's Committees shall submit to provincial-level People's Committees for approval targets of land use plannings of wards, townships and communes within areas planned for urban development.
Article 7.
Detailed land use plannings and plans of hi-tech parks and economic zones
1. Detailed land use plannings and plans of hi-tech parks and economic zones shall be expressed in their detailed construction plannings.
2. The Ministry of Construction shall coordinate with the Ministry of Natural Resources and Environment in guiding contents of detailed construction plannings of hi-tech parks and economic zones specified in Clause 1 of this Article.
Article 8.
Formulation of land use plannings and plans
1. Formulation of national-level land use plannings and plans
a/ The Ministry of Agriculture and Rural Development shall propose demands for use of wet rice land, special-use forest land, protection forest land and nature reserve land, and allocate these land areas to each province or city on the basis of the sector’s planning;
b/ The Ministry of national Defense and the Ministry of public Security shall coordinate with provincial-level People’s Committees in identifying demands for use of land for defense and security purposes in provinces and cities;
c/ Other ministries and branches shall propose demands for use of land for national important works and allocate these land areas to each province on the basis of their development strategies and planning;
d/ Provincial-level People’s Committees shall coordinate with ministries and branches in identifying land use demands of each ministry or branch in their localities;
e/ The Ministry of Natural Resources and Environment shall make national-level land use plannings and plans on the basis of balancing land use demands specified at Points a, b, c, and d of this Clause and determining these demands in each province.
2. The Ministry of Natural Resources and Environment shall guide the formulation of provincial-, district- and commune-level land use plannings and plans.
3. For localities where no People's Council is Organized, their People's Committees shall make land use plannings and plans and submit them to competent state agencies for approval.
Article 9.
Evaluation of land use plannings and plans
1. The Ministry of Natural Resources and Environment shall formulate national-level land use plannings and plans and submit them to the Government for further submission to the National Assembly to decide on targets of national-level land use plannings.
2. The Ministry of Natural Resources and Environment shall take charge of evaluating plannings and plans on the use of land for defense and security purposes and provincial-level land use plannings and plans.
3. Provincial-level Natural Resources and Environment Departments shall take charge of evaluating district-level land use plannings and plans; and use plannings and plans of wards, townships and communes within areas planned for urban development.
4. District-level Natural Resources and Environment Sections shall take charge of evaluating land use plannings and plans of communes outside areas planned for urban development.
5. Agencies in charge of evaluating land use planning and plans defined in Clauses 1, 2 and 3 of this Article shall set up evaluation councils or consult organizations, experts and scientists.
When necessary, agencies in charge of evaluating land use plannings and plans shall organize field trips to inspect and survey areas whose use purposes are expected to be changed, especially the change of the use purpose of land for wet rice cultivation, land for protection forests and for special-use forests.
6. Contents of evaluation of a land use planning
a/ Legal and scientific grounds for making the land use planning;
b/ Conformity of land use planning alternatives with the national strategy and master plan on socio-economic development, defense and security; and development plannings of branches and localities;
c/ Socio-economic and environmental impacts;
d/ Feasibility of land use planning alternatives.
7. Contents of evaluation of a land use plan
a/ Conformity of the land use plan with the land use planning;
b/ Conformity of the land use plan with the State’s five-year and annual socio-economic development plan;
c/ Feasibility of land use plans.
8. In special cases in which the use purpose of land for wet rice cultivation, land for special-use forests or land for protection forests needs to be changed, such change must be reported to the Minister of Natural Resources and Environment for consideration and submission to the Prime Minister for decision.
9. Funds for evaluating land use plannings and plans constitute a separate item in the funds for formulating land use plannings and plans.
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