Review and adjust land use planning and plans according to the 2024 Land Law?

Reply: According to Article 73 of the 2024 Land Law, the review and adjustment of land use planning and plans are regulated as follows:

1. Adjustment of land use planning and plans shall be carried out according to the following principles:

a) Adjustments to land use planning and plans must be decided or approved by the competent authority that decides or approves land use planning and plans;

b) The competent authority organizing the establishment of land use planning and plans is responsible for organizing the establishment and adjustment of land use planning and plans;

c) Adjusting land use planning and plans does not change the objectives of land use planning and plans;

d) Adjusting planning, plans, and land use does not change the land use targets determined and allocated by the higher-level land use planning;

d) Comply with the procedures prescribed by this Law.

2. The competent authority organizing the planning is responsible for organizing the review of land use planning every 5 years to adjust it in accordance with the socio-economic development situation in each period.

3. The review and adjustment of national land use planning, national defense land use planning, and security land use planning shall comply with the provisions of law on planning.

4. The basis for adjusting provincial land use planning includes:

a) Due to adjustments to national, regional, provincial planning, technical and specialized planning using land at national and inter-provincial levels, the land use structure of the province is changed;

b) Due to the establishment, merger, division, or adjustment of administrative boundaries of provincial-level administrative units and affiliated administrative units;

c) Due to the impact of natural disasters, wars, and requirements to ensure national defense and security, the purpose, structure, location, and area of ​​land use change.

5. The basis for adjusting district-level land use planning includes:

a) Due to adjustments to the planning of the direct superior level that directly change the land use structure of the district level;

b) Due to the establishment, merger, division, or adjustment of administrative boundaries of local units;

c) Due to war, national defense and security requirements change the purpose, structure, location and area of ​​land use;

d) Due to the impact of natural disasters, response to environmental incidents that change land use purposes; the implementation of planning negatively impacts social security, ecological environment and affects the community;

d) There are fluctuations in resources for implementing planning and forming key projects to serve national and public interests, causing changes in land use orientation.

6. Planning adjustment is made when there is one of the bases specified in Clause 4 and Clause 5 of this Article and the competent authority decides or approves the adjustment.

7. Adjustment of land use planning is carried out when there is an adjustment of land use planning, urban planning or there is a change in the ability to implement the land use planning.

8. Adjustment of land use planning and plans shall be implemented in accordance with the provisions of Articles 64, 65, 66, 67, 68, 69, 70, 71, 72 and 75 of this Law.

9. State agencies and persons with the authority to decide and approve land use planning and plans at any level have the authority to decide and approve adjustments to land use planning and plans at that level.