Law

Land Law 2024 stipulates the organization of implementation of land use planning and plans?

PL DNUM_AIZABZCACF 09:26

How does the 2024 Land Law regulate the implementation of land use planning and plans?. A matter of concern for Mr. Nguyen Van Dong (Do Luong, Nghe An).

Reply:According to Article 76 of the 2024 Land Law, the organization of implementation of land use planning and plans is regulated as follows:

1. The Government organizes the implementation of national land use planning and plans.

The Prime Minister allocates land use quotas to provincial administrative units, the Ministry of National Defense, and the Ministry of Public Security based on national land use quotas decided by the National Assembly.

2. The Ministry of National Defense is responsible for organizing the implementation of national defense land use planning; the Ministry of Public Security is responsible for implementing security land use planning.

3. Provincial People's Committees and District People's Committees are responsible for organizing the implementation of local land use planning and plans.

4. In case the land use planning has been publicly announced but there is no annual land use plan at the district level, the land user may continue to use the land and exercise the rights of a land user in accordance with the provisions of this Law.

5. For projects falling under the provisions of Clause 4, Article 67 of this Law that require land recovery, the People's Committee of the district where the project is located must publicly announce the scope of land recovery according to the project's progress to land users.

6. For land areas that must be recovered or have their land use purposes changed in the annual district-level land use plan or must be recovered or have their land use purposes changed as prescribed in Clause 4, Article 67 of this Law, land users may continue to exercise the rights of land users but may not build new houses or structures or plant new perennial trees; land users may build under a limited-term construction permit, renovate or repair existing houses or structures in accordance with the provisions of the law on construction and relevant laws.

7. The land area determined in the annual district-level land use plan has been approved by the competent authority to be recovered for project implementation or to change the land use purpose, but after 2 consecutive years, the land recovery decision has not been made or permission to change the land use purpose has not been granted, the competent authority approving the annual district-level land use plan must consider, evaluate, adjust, cancel and must publicly announce the adjustment, cancellation of land recovery or cancellation of land use purpose change for the land area determined in the annual district-level land use plan.

In case the competent authority approving the annual district-level land use plan does not adjust or cancel it, or adjusts or cancels it but does not publicly announce it, the land user shall not be restricted in the land use rights prescribed by law.

8. Annually, the provincial People's Committee is responsible for organizing the review, handling and public announcement of land recovery, land use purpose conversion, adjustment and cancellation of land recovery and land use purpose conversion for land recorded in the annual district-level land use plan on the provincial People's Committee's website; sending information to the Ministry of Natural Resources and Environment, the district-level People's Committee and the commune-level People's Committee.

9. The Government prescribes principles and criteria for allocating provincial-level land use quotas and district-level land use quotas.

10. The Government shall detail this Article and the preparation, appraisal, adjustment, consultation, approval and promulgation of national land use plans, provincial land use plans, district land use plans and annual district land use plans.

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Land Law 2024 stipulates the organization of implementation of land use planning and plans?
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