What principles must be followed when carrying out land reclamation activities?

Reply:

In Article 190The 2024 Land Law stipulates thatland reclamation activitiesas follows:

1. The State encourages organizations and individuals to use capital, techniques, and technologies to carry out land reclamation activities; and has policies to support and provide incentives for investors to carry out land reclamation activities in accordance with the law.

2. Land reclamation activities must comply with the following principles:

a) Ensuring national defense, security, sovereignty, sovereign rights, jurisdiction, and national interests at sea; in accordance with the provisions of other relevant laws and international treaties to which the Socialist Republic of Vietnam is a party;

b) Based on a comprehensive assessment of economic, social, and environmental factors, ensuring sustainable development, biodiversity, natural elements, the impact of natural disasters, climate change, and sea-level rise;

c) In accordance with provincial planning or district-level land use planning or construction planning or urban planning;

d) To exploit and utilize marine resources effectively; to ensure a harmonious balance of interests between organizations and individuals carrying out land reclamation activities and other related organizations and individuals; and to ensure the right of access to the sea for the people and communities;

d) Land reclamation activities must be formulated as an investment project or a component of an investment project in accordance with the law.

3. Land reclamation activities that involve areas within any of the following zones may only be carried out with the approval and investment policy decision of the National Assembly and the Prime Minister:

a) Areas for the protection of historical and cultural relics and scenic spots recognized in accordance with the law on cultural heritage;

b) Natural heritage sites as defined by environmental protection laws;

c) National parks, nature reserves, species-habitat conservation areas, landscape protection areas, and important wetlands that have been declared in accordance with the law on biodiversity and the law on forestry;

d) Marine protected areas, areas for the protection of aquatic resources, fishing ports, and storm shelters for fishing vessels as prescribed by the law on fisheries;

d) Port areas, waters in front of wharves, turning areas, anchorage areas, transshipment areas, storm shelter areas, pilot boarding and disembarking areas, quarantine areas, navigation channels, and waters for constructing other auxiliary facilities as prescribed by maritime law;

e) Estuaries and areas that have been planned and designated for national defense and security purposes.

4. In areas of the sea designated for land reclamation activities in approved land use plans and investment projects approved by competent state agencies, the management and use of these areas for land reclamation activities shall be the same as that of land on land.

5. The responsibilities of state management regarding land reclamation activities are stipulated as follows:

a) The Ministry of Natural Resources and Environment assists the Government in unifying state management of land reclamation activities; inspecting and monitoring land reclamation activities and managing land reclamation areas in accordance with the law;

b) Ministries and ministerial-level agencies, within their assigned duties and powers, are responsible for managing and inspecting land reclamation activities; issuing, guiding, and inspecting the implementation of regulations, standards, technical specifications, and economic-technical norms related to land reclamation activities;

c) Provincial People's Committees are responsible for managing, allocating, and leasing land for land reclamation, inspecting and monitoring land reclamation activities, and managing and utilizing reclaimed land areas within their jurisdiction in accordance with the law.

6. The allocation of sea areas for land reclamation activities shall be carried out simultaneously with the allocation and leasing of land for investment projects.

7. The Government shall provide detailed regulations for this Article.