What regulations under the latest Land Law should be used to formulate a land use plan for national defense purposes?
I have a question regarding the regulations under the latest Land Law that need to be considered when formulating a land use plan for national defense purposes. This is a question from Mr. Phan Van Ha (Thanh Chuong, Nghe An).
Reply:To formulate a land use plan for national defense purposes, it is necessary to base it on Article 68 of the 2024 Land Law, which stipulates the following:
Land use planning for national defense, land use planning for national security.
1. Land use planning for national defense and land use planning for national security are national sectoral plans.
2. The basis for formulating land use plans for national defense and security includes the basis stipulated by law on planning and the following basis:
a) National master plan, national marine spatial plan, national land use plan;
b) The natural, economic, and social conditions of the country;
c) Current land use status and results of implementing the previous national defense land use plan and national security land use plan;
d) The need and availability of land for national defense and security purposes.
3. The content of land use planning for national defense and land use planning for national security shall be implemented in accordance with the provisions of the law on planning.
4. The Ministry of National Defence and the Ministry of Public Security shall preside over and coordinate with provincial People's Committees in the process of formulating land use plans for national defence and security purposes, ensuring they are consistent with the requirements of socio-economic development and the strengthening of national defence and security; review and determine the location, area, and boundaries of land used for national defence and security purposes; and determine the location, area, and boundaries of national defence and security land that is no longer needed for transfer to local authorities for management and use.
Therefore, according to the above regulations, in order to prepare a land use plan for national defense purposes, it is necessary to base it on the provisions of the law on planning and the following grounds:
National master plan, national maritime spatial plan, national land use plan; National natural, economic, and social conditions; Current land use status and results of implementing previous national defense land use plans and national security land use plans; Needs and capacity for national defense and security land use.
