Thông tư 1842/2001/TT-TCDC

CIRCULAR

GUIDING THE IMPLEMENTATION OF THE GOVERNMENT’S DECREE NO. 68/2001/ND-CP OF OCTOBER 1, 2001 ON LAND USE PLANNING AND PLANS

Pursuant to the July 14, 1993 Land Law; the December 2, 1998 Law amending and supplementing a number of articles of the Land Law; the June 29, 2001 Law amending and supplementing a number of articles of the Land Law;
Pursuant to the Government’s Decree No. 34/CP of April 23, 1994 on the functions, tasks, powers and organizational apparatus of the General Land Administration;
Pursuant to the Government’s Decree No.68/2001/ND-CP of October 1, 2001 on land use planning and plans;
The General Land Administration hereby guides the elaboration, consideration, approval, management and realization of land use plannings and plans as follows:

Part I

GENERAL PROVISIONS

1. Application objects and scope

This Circular guides the elaboration, consideration, approval, management and realization of land use plannings and plans of the whole country; the provinces, centrally- run cities (hereinafter called collectively the provincial level); the rural districts, urban districts, provincial capitals and towns (hereinafter called collectively the district level); the communes, wards, district towns (hereinafter called collectively the commune level).

The ministries, branches which have demands to use land must register therefor with the provincial-level People’s Committees for inclusion into the land use plannings and plans of the localities.

2. The plannings and plans on use of land for defense and/or security purposes shall be elaborated and submitted to the Government by the Defense Ministry or the Ministry of Public Security in coordination with the General Land Administration, concerned ministries, branches and provincial-level People’s Committees. The elaboration, management and realization of the plannings and plans on the use of land for defense or security purpose shall be stipulated by the Defense Ministry or the Ministry of Public Security.

3. Competence to elaborate, evaluate, consider, approve and adjust land use plannings, plans:

a/ The General Land Administration:

- To assume the prime responsibility and coordinate with the concerned ministries and branches in elaborating the land-use plannings and five-year plans of the whole country;

- To organize the evaluation of the land-use plannings and five-year plans of the Defense Ministry, the Ministry of Public Security;

- To direct the elaboration and organization of the evaluation of the provincial-level land use plannings and plans, concretely as follows:

+ Land use planning and projects on adjustments and/or supplements of land use plannings;

+ Five-year land use plans and the plans to adjust, supplement five-year land use plans;

+ Plans to adjust, supplement the annual land use plans.

- To synthesize plans on adjusting, supplementing the annual land use plans of the provincial level for report to the Government.

b/ The provincial-level People’s Committees:

- To elaborate land use plannings and projects on adjustment, supplement of land use plannings; five-year land use plans and the plans on adjustment and supplement of the five-year land use plans; the plans on adjustment, supplement of annual land use plans of their respective localities;

- To direct the elaboration, consideration and approval of land use plannings and projects on adjustment of land use plannings; annual land use plans and plans on adjustment, supplement of annual land use plans of the district level.

c/ The provincial/municipal Land Administration Services or Land Administration- House and Land Services (hereinafter called collectively the provincial/municipal Land Administration Services) shall assist the provincial-level People’s Committees in:

- Elaborating land use plannings and projects on adjustment and supplement of land use plannings; five-year land use plans and plans on adjustment and supplement of the five-year land use plans; plans on adjustment and supplement of annual land use plans of the provincial level;

- Organizing the elaboration of land-use plannings and projects on adjustment of land-use planning; annual land use plans and the plans on adjustment and supplement of annual land use plans of the district level before submitting them to the provincial-level People’s Committees for consideration and approval.

d/ The district-level People’s Committees:

- To elaborate land use plannings and projects on adjustment and supplement of land use plannings; annual land use plans and plans on adjustment and supplement of annual land use plans of their respective localities;

- To direct the elaboration, consideration and approval of land use plannings and projects on adjustment and supplement of land use plannings; annual land use plans and plans on adjustment and supplement of annual land use plans of the commune level.

e/ The district-level Land Administration Services assist the district-level People’s Committees in:

- Elaborating land use plannings and projects on adjustment and supplement of land use plannings; annual land use plans and plans on adjustment and supplement of annual land use plans of the district level;

- Organizing the elaboration of land use plannings and projects on adjustment and supplement of land use plannings; annual land use plans and plans on adjustment and supplement of annual land use plans of the commune level before submitting them to the district-level People’s Committees for consideration and approval.

f/ The commune-level People’s Committees elaborate land use plannings and projects on adjustment of land use plannings, annual land use plans and plans on adjustment and supplement of annual land use plans of their respective localities.

4. Implementing land use plannings, plans:

a/ The land use plannings and plans already decided, considered and approved by competent State bodies constitute the legal basis for land management and the basis for arranging the land use, assignment and lease, for transferring the land use purposes, converting the wet-rice farming land to that for aquaculture or planting of perennial trees, converting land under perennial trees to that for annual crops.

b/ The levels, branches, organizations, family households and individuals that use land must abide by the land use plannings and plans already decided and approved by the competent State bodies.

Part II

LAND USE PLANNINGS

I. RESPONSIBILITY TO ELABORATE LAND USE PLANNINGS

1. The General Land Administration assumes the prime responsibility and coordinates with the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Construction, the Ministry of Industry, the Ministry of Communications and Transport, the Ministry of Agriculture and Rural Development, the Ministry of Aquatic Resources, the Ministry of Defense, the Ministry of Public Security and other relevant ministries and branches in elaborating the land use plannings of the whole country for submission to the Government.

2. The provincial/municipal Land Administration Services coordinate with the provincial/municipal Services of Planning and Investment; Finance and Pricing; Construction; Industry; Communications and Transport; Agriculture and Rural Development; Aquatic Resources, and other relevant agencies in elaborating the land use plannings and the projects on adjustment and supplement of land use plannings of their respective localities and report them to the provincial-level People’s Committees for submission to the People’s Councils of the same level for approval before they are submitted to the Government for approval.

3. The district-level land administration offices assume the prime responsibility and coordinate with other relevant agencies in elaborating the land use plannings and the projects on adjustment and supplement of the land use plannings of their respective localities, report them to the district-level People’s Committees for submission to the People’s Councils of the same level before they are submitted to the provincial-level People’s Committees for consideration and approval.

4. The commune-level People’s Committees elaborate the land use plannings and the projects on adjustment and supplement of the land use planning of their respective localities, organize the gathering of people’s comments thereon, and submit them to the People’s Councils of the same level before they are submitted to the district-level People’s Committees for consideration and approval.

II. GROUNDS FOR ELABORATION OF LAND-USE PLANNINGS

The land-use plannings of all levels must be based on the following:

1. The orientations for socio-economic, defense and security development; concretely as follows:

a/ The national land-use plannings must be based on the policies and strategies for socio-economic, defense and security development of the whole country.

b/ The provincial-level land-use plannings must be based on:

- The policies and strategies on socio-economic, defense and security development of the whole country;

- The regional, provincial socio-economic development plannings;

- The national, regional land-use plannings;

- The resolutions of the Party organizations, the resolutions of the People’s Councils on the local socio-economic development orientations.

c/ The district-level land-use plannings must be based on the provincial-level land use plannings and the resolutions of the district Party congresses, the resolutions of the district-level People’s Councils on the local socio-economic development orientations.

d/ The commune-level land-use plannings must be based on the district-level land-use plannings and the resolutions of the commune-level Party congresses and the resolutions of the commune-level People’s Councils on the local socio-economic development orientations.

2. Urban development plannings.

3. The requirements of protecting the environment, protecting and renovating historical and cultural relics, scenic places.

4. The present situation on land fund, natural conditions, natural resources, social and economic conditions of each locality, each territorial region and the demand for using land for the purposes of socio-economic development, defense and security.

5. The land use norms.

6. Scientific and technological advances related to land use.

7. The results of implementation of the previous land-use plannings and plans.

III. CONTENTS OF LAND-USE PLANNINGS

1. The zoning of assorted land is carried out as follows:

a/ Surveying, studying, analyzing and synthesizing the natural conditions (geographical positions, terrain, soil, hydrology, biology), natural resources (land resources, water resources, forest resources, mineral resources, marine resources) and landscapes.

b/ Surveying, studying, analyzing and synthesizing the socio-economic conditions (population, labor, employment and income; the real situation on development of socio-economic branches; rural and urban population distribution; the real situation on technical and social infrastructures; human resources).

c/ Evaluating the present land use situation, land potential, socio-economic efficiency of land use, the suitability of soil for use for purposes of agricultural production, forestry, special use, rural population quarters, urban development.

d/ Viewpoints on orientations for land use to attain the objectives of socio-economic development, defense and security during the planning period.

e/ Rationally distributing land funds for socio-economic development, defense and security demands.

f/ Proposing measures to use, protect, improve land, ensuring the efficient use of land to meet the requirements of socio-economic development, eco-environment protection for sustainable development.

2. If in each period there are changes in the socio-economic development targets relating to the land use, the land zoning shall be suitably readjusted.

3. Solutions to organizing the implementation of the land-use plannings.

IV. CONSIDERING AND APPROVING LAND-USE PLANNINGS

1. The time for submitting land-use plannings:

The land-use plannings must be submitted to competent State bodies for consideration and approval in the first year of the planning period.

2. Contents of evaluating the land-use plannings:

a/ The land-use plannings compatibility with the local socio-economic development plannings;

b/ The land use rationality to the protection of natural resources, ecological environment, historical relics, scenic places, defense and security;

c/ The efficiency of land-use plannings;

d/ The feasibility of land-use plannings.

3. Dossiers, order for considering and approving the provincial-level land-use plannings:

a/ The dossiers for consideration and approval shall comprise:

- The provincial-level People’s Committee’s report to the Government;

- The provincial-level People’s Council’s resolution adopting the land-use planning;

- The report on land-use planning;

- Assorted maps:

+ The map on present land-use situation;

+ The map on land-use planning;

+ The subject-matter maps demonstrating the results of surveying, studying and analyzing the natural, social and economic conditions in the locality and the map on plannings of branches.

- The scales of base maps:

+ The natural areas of under 125,000 ha, the scale of 1/25000;

+ The natural areas of between 125,000 ha and 750,000 ha, the scale of 1/50000;

+ The natural areas of over 750,000 ha, the scale of 1/100000.

b/ The evaluation order, time limit and contents: The dossiers are forwarded to the General Land Administration for evaluation before they are submitted to the Government for consideration and approval. Within 20 days after receiving complete and valid dossiers, the General Land Administration shall have to organize the evaluation. The evaluation contents shall comply with the provisions at Point 2, Section IV, Part II of this Circular.

c/ Dossier keeping: The dossiers on the provincial-level land use plannings, after being approved, shall be kept at the provincial/municipal Land Administration Service with one set, the provincial-level People’s Committee with one set, the General Land Administration with 1 set, the Government’s Office with 1 set (including the report, map and magnetic disc).

4. The dossiers and order for consideration and approval of the district-level land use planning:

a/ The dossiers for consideration and approval shall comprise:

- The district-level People’s Committee’s report to the provincial-level People’s Committee;

- The district-level People’s Council’s resolution adopting the land use planning;

- The report on land use planning;

- Assorted maps:

+ The map on the present land use situation;

+ The map on land use planning;

+ The subject-matter maps indicating the results of surveying. studying and analyzing the natural, social and economic conditions in the locality and the maps on plannings of branches.

- Scales of assorted base maps:

+ The natural areas of under 5,000 ha, the scale of 1/5000;

+ The natural areas of between 5,000 ha and 35,000 ha, the scale of 1/10000;

+ The natural areas of over 35,000 ha, the scale of 1/25000.

b/ The evaluation order, time limit and contents: The dossiers are forwarded to the provincial/municipal Land Administration Services for evaluation before they are submitted to the provincial-level People’s Committees for consideration and approval. Within 20 days after receiving complete and valid dossiers, the provincial/municipal Land Administration Services shall have to organize the evaluation. The evaluation contents shall comply with the provisions at Point 2, Section IV, Part II of this Circular.

c/ Dossier keeping: The dossiers on the district-level land use plannings, after being considered and approved, shall be kept at the district-level Land Administration Office with 1 set, the district-level People’s Committee with 1 set, the provincial/municipal Land Administration Service with 1 set, the provincial-level People’s Committee with 1 set (including the report, maps and magnetic disc).

5. The dossiers, order for considering and approving the commune-level land use plannings:

a/ The dossiers for consideration and approval shall comprise:

- The commune-level People’s Committee’s report to the district-level People’s Committee;

- The commune-level People’s Council’s resolution adopting the land use planning;

- The report on land use planning;

- Assorted maps:

+ The map on the present land use situation;

+ The map on land use planning;

+ The subject-matter maps.

- Scales of assorted base maps:

+ The natural areas of under 1,500 ha, the scale of 1/1000 or 1/2000;

+ The natural areas of between 1,500 ha and 5,000 ha, the scale of 1/5000;

+ The natural areas of above 5,000 ha, the scale of 1/10000.

b/ The evaluation order, time limit and contents: The dossiers are addressed to the district-level land administration offices for evaluation before they are submitted to the district-level People’s Committees for consideration and approval. Within 20 days after receiving the complete and valid dossiers, the district-level land administration offices shall have to organize the evaluation. The evaluation contents shall comply with the provisions at Point 2, Section IV, Part II of this Circular.

c/ Dossier archival: The dossiers on the commune-level land use plannings, after being considered and approved, shall be archived at the commune-level People’s Committee with 1 set, the district-level land administration office with 1 set, and the district-level People’s Committee with 1 set (including the report, maps and magnetic disc).

V. CONSIDERING AND APPROVING PROJECTS ON ADJUSTMENT AND SUPPLEMENT OF THE PROVINCIAL-, DISTRICT- AND COMMUNE-LEVEL LAND USE PLANNINGS

1. Considering and approving the provincial-level land use plannings:

a/ The dossiers for consideration and approval shall comprise:

- The provincial-level People’s Committee’s report to the Government;

- The provincial-level People’s Council’s resolution adopting the project on adjustment and supplement of land use planning;

- The report on the project on adjustment and supplement of land use planning, clearly stating the situation of implementing the land use planning, the reasons for adjustment and supplement and measures for implementation of the adjusted and supplemented land use planning;

- The map on adjustment and supplement of land use planning.

b/ The evaluation order, time limit and contents as well as the dossier archival shall comply with the provisions at Points 3b and 3c of Section IV, Part II of this Circular.

2. Considering and approving projects on adjustment and supplement of district- or commune- level land use plannings:

a/ The dossiers for consideration and approval shall include:

- The People’s Council’s resolution adopting the project on adjustment and supplement of the land use planning;

- The People’s Committee’s report to the competent authorities for considering and approving the planning;

- The report on the project on adjustment and supplement of the land use planning, clearly stating the situation of implementing the land use planning, the reasons for adjustment and supplement and measures for implementing the adjusted and supplemented land use planning;

- The map on adjustment and supplement of land use planning.

b/ The evaluation order and time limit: The dossiers of projects on adjustment and supplement of the district-level land use plannings shall be sent to the provincial/municipal Land Administration Services; the dossiers of the projects on adjustment and supplement of commune-level land use planning shall be addressed to the district-level land administration offices. Within 20 days after receiving the complete and valid dossiers, the land administration offices shall organize the evaluation for submission to the competent authorities for consideration and approval.

c/ Dossier archival: The dossiers of projects on adjustment and supplement of the district-level land use plannings, after being considered and approved, shall be archived according to the regulations at Point 4c, Section IV, Part II, and those of the commune-level land use plannings shall be kept according to the regulations at Point 5c, Section IV, Part II of this Circular.

Part III

LAND USE PLANS

I. RESPONSIBILITY TO ELABORATE LAND USE PLANS

1. The General Land Administration shall assume the prime responsibility and coordinate with the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Construction, the Ministry of Communications and Transport, the Ministry of Agriculture and Rural Development, the Ministry of Aquatic Resources, the Ministry of Defense, the Ministry of Public Security and other relevant ministries and branches in elaborating the national five-year land use plans for submission to the Government.

2. The provincial/municipal Land Administration Services shall assume the prime responsibility and coordinate with the provincial/municipal Services of Planning and Investment; Finance and Pricing; Construction; Industry; Communications and Transport; Agriculture and Rural Development; and of Aquatic Resources as well as other relevant agencies in elaborating their respective local five-year land use plans, report them to the provincial-level People’s Committees for submission to the People’s Councils of the same level before they are submitted to the Government for consideration and approval; in elaborating plans on adjustment and supplement of their respective local five-year as well as annual land use plans and report them to the provincial-level People’s Committees for submission to the Government for consideration and approval.

3. The district-level land administration offices shall assume the prime responsibility and coordinate with the relevant agencies in elaborating their respective annual land use plans, report them to the district-level People’s Committees for submission to the People’s Councils of the same level for approval before they are submitted to the provincial-level People’s Committees for consideration and approval; elaborate plans on adjustment and supplement of their annual land use plans and report them to the district-level People’s Committees for submission to the provincial-level People’s Committees for consideration and approval.

4. The commune-level People’s Committees shall elaborate the annual land use plans of their respective localities and submit them to the People’s Councils of the same level for adoption before they are submitted to the district-level People’s Committees for consideration and approval; elaborate plans on adjustment and supplement of their annual land use plans and submit them to the district-level People’s Committees for consideration and approval.

II. GROUNDS FOR ELABORATING THE FIVE-YEAR AND ANNUAL LAND USE PLANS

1. The five-year land use plans and the annual land use plans must be based on the land use plannings already decided, considered and approved by competent State bodies.

2. The land use plans of all levels must be based on the State’s five-year and annual socio-economic development plans, concretely as follows:

a/ The national five-year land use plans must be based on the national five-year socio-economic development plans.

b/ The provincial-level five-year land use plans must be based on the provincial-level five-year socio-economic development plans.

c/ The district-level annual land use plans must be based on the district-level annual socio-economic development plans.

d/ The commune-level annual land use plans must be based on the commune-level annual socio-economic development plans.

3. The provincial-level five-year land use plans and the district- and commune-level annual land use plans must demonstrate the land use demands of organizations, family households and individuals.

4. The land use plans must be based on the land use norms.

5. The land use plans must be based on the land use-related scientific and technological advances.

6. The land use plans must be based on the results of implementing the previous land use plans.

III. CONTENTS OF LAND USE PLANS

1. Evaluating the results of implementing the previous land use plan plans:

a/ The results of implementing the plans on the use of land for special purposes, the rural land, the urban land, clearly stating the causes of fulfillment or non-fulfillment of plans.

b/ The results of implementing the plans on conversion of agricultural land, forest land into land used for other purposes.

c/ The results of implementing the plans on conversion of annual crop land or wet rice land into that for aquaculture or perennial tree planting; the perennial tree land into that for annual crop land.

d/ The results of implementing the plans on virgin land reclamation to expand land for the agricultural production, forestrial and other purposes.

e/ The results of implementing the plans on collection of land use levy through land assignment, land lease, change of land use purposes and land use right transfer.

2. Elaborating the provincial-level five-year land use plans and the district- and commune-level land use plans

The provincial-level five-year land use plans must be specifically distributed to each year. The elaboration of the provincial-level five-year land use plans and the district- and commune-level land annual use plans shall be carried out as follows:

a/ Organizing the gathering of information on and survey of the demands of organizations, family households and individuals for use of land for special purposes, residential purpose.

b/ Making lists of constructions for which land is used, clearly stating key works, projects for which land fund is used to create capital for construction of infrastructure.

c/ Plans on converting agricultural land, forest land into that used for other purposes.

d/ Plans on virgin land reclamation to expand land areas to be used for agricultural production, forestrial and other purposes.

e/ Plans on converting annual crop land, wet rice land into that for aquaculture, perennial tree planting; perennial tree land into that for annual crops.

f/ Plans on collection of land use levy from land assignment, land lease, the change of land use purposes and the land use right transfer.

3. Solutions to organizing the implementation of land use plans.

4. Adjusting, supplementing the provincial-level five-year land use plans and annual land use plans:

a/ When the provincial-level five-year and annual socio-economic plans see changes related to land use, the five-year and annual land use plans must be adjusted and supplemented. The adjustment of five-year land use plans must be in line with the land use plannings. The adjustment and supplement of annual land use plans must be in line with the five-year land use plans.

b/ When the district- and commune-level annual socio-economic development plans see changes related to land use, the annual land use plans must be adjusted and supplemented. The adjustment and supplement must be in line with the land use plannings already considered and approved by competent authorities.

IV. CONSIDERING AND APPROVING LAND USE PLANS

1. The time for submission of land use plans:

a/ The time for submitting five-year land use plans shall conform to the time for submitting the socio-economic development plans.

b/ The time for submitting the annual land use plans shall be, for the commune level, before October 15, and, for the district level, before November 11, of the preceding year.

c/ The time for submitting plans on adjustment and supplement of annual land use plans shall be, for the commune level, before July 15, for the district level, before August 15, and, for the provincial level, before September 15 every year.

2. The contents of evaluation of land use plans:

a/ The compatibility of the land use plans with the local socio-economic development plannings;

b/ The conformity between the land use plans and the land use plannings;

c/ The rationality in the use of land for the protection of natural resources, ecological environment, historical relics, scenic places, defense and security;

d/ The efficiency of the land use plans;

e/ The feasibility of the land use plan.

3. Considering and approving the provincial-level five-year land use plans:

a/ The dossiers for consideration and approval shall include:

- The provincial-level People’s Committee’s report to the Government;

- The provincial-level People’s Council’s resolution adopting the five-year land use plan;

- The report on five-year land use plan;

- Assorted maps:

+ The map on present land use situation, the map on land use planning (using the map already made in the project on the provincial-level land use planning);

+ The map on the five-year land use plan. The scales of maps shall comply with the provisions at Point 3a, Section IV, Part II of this Circular.

b/ Evaluation order, time limit and contents: The dossiers shall be forwarded to the General Land Administration for evaluation before they are submitted to the Government for consideration and approval. Within 15 days after receiving the complete and valid dossiers, the General Land Administration shall have to organize the evaluation. The evaluation contents shall comply with the provisions at Point 2, Section IV, Part III of this Circular.

c/ Dossier archival: The dossiers on the provincial-level five-year land use plans, after being considered and approved, shall be archived at the provincial/municipal Land Administration Service with 1 set, the provincial-level People’s Committee with 1 set, the General Land Administration with 1 set, the Government’s Office with 1 set (including the report, the map on five-year land use plan and magnetic disc).

4. Considering and approving the district-level annual land use plans:

a/ The dossiers for consideration and approval shall include:

- The district-level People’s Committee’s report to the provincial-level People’s Committee;

- The district-level People’s Council’s resolution adopting the annual land use plan;

- The report on the annual land use plan.

b/ Evaluation order, time limit and contents: The dossiers shall be addressed to the provincial/municipal Land Administration Services before they are submitted to the provincial-level People’s Committees for consideration and approval. Within 15 days after receiving the complete and valid dossiers, the provincial/municipal Land Administration Services shall have to organize the evaluation. The evaluation contents shall comply with the provisions at Point 2, Section IV, Part III of this Circular.

c/ Dossier archival: The dossiers on the district-level annual land use plans, after being considered and approved, shall be archived at the district-level land administration office with 1 set, the district-level People’s Committee with 1 set, the provincial/municipal Land Administration Service with 1 set and the provincial/municipal People’s Committee with 1 set.

5. Considering and approving the commune-level annual land use plans:

a/ The dossiers for consideration and approval shall comprise:

- The commune-level People’s Committee’s report to the district-level People’s Committee;

- The commune-level People’s Council’s resolution adopting the annual land use plan;

- The report on annual land use plan.

b/ Evaluation order, time limit and contents: The dossiers shall be addressed to the district-level land administration office for evaluation before they are submitted to the district-level People’s Committee for consideration and approval. Within 15 days after receiving the complete and valid dossiers, the district-level land administration office shall have to organize the evaluation. The evaluation contents shall comply with the provisions at Point 2, Section IV, Part III of this Circular.

c/ Dossier archival: The dossiers on the commune-level annual land use plans, after being considered and approved, shall be kept at the commune-level People’s Committee with 1 set, the district-level land administration office with 1 set, the district-level People’s Committee with 1 set.

V. CONSIDERING AND APPROVING PLANS ON ADJUSTMENT AND SUPPLEMENT OF FIVE-YEAR AND ANNUAL LAND USE PLANS

1. Considering and approving plans on adjustment and supplement of the provincial-level five-year and annual plans:

a/ The dossier for consideration and approval shall include:

- The provincial-level People’s Committee’s report to the Government;

- The report on the adjustment and supplement plan, clearly stating the situation on implementation of the land use plan, the reasons for adjustment and supplement, the list of works proposed for adjustment and supplement, and measures for implementation of the adjustment and supplement plan;

- The map on plan on adjustment and supplement of the land use plan (for the plans on adjustment and supplement of five-year land use plans).

b/ The evaluation order, time limit and contents as well as the dossier archival shall comply with the provisions at Point 3b and Point 3c of Section IV, Part III of this Circular.

2. Considering and approving plans on adjustment and supplement of the district-or commune-level annual land use plans.

a/ The dossiers for consideration and approval shall include:

- The People’s Committee’s report to the competent authorities;

- The report on the adjustment and supplement plan, clearly stating the situation on implementation of the land use plan, the reasons for adjustment and supplement, the list of works proposed for adjustment and supplement and measures for implementation of the adjustment and supplement plan.

b/ Evaluation order, time limit and contents: The dossiers for consideration and approval of plan on adjustment and supplement of the district-level annual land use plans shall be addressed to the provincial/municipal Land Administration Services, and of the commune-level annual land use plans to the district-level land administration offices. Within 15 days after receiving the complete and valid dossiers, the land administration offices shall have to organize the evaluation and submit them to the competent authorities for consideration and approval.

c./ Dossier archival: The dossiers of the plans on adjustment and supplement of the district-level annual land use plans, after being considered and approved, shall be archived according to the provisions at Point 4c of Section IV, Part III, and of the commune-level annual land use plans, according to the provisions at Point 5c, Section IV, Part III of this Circular.

Part IV

ELABORATION OF INVESTMENT PROJECTS ON LAND-USE PLANNINGS AND PLANS

1. The agencies assuming the prime responsibility for elaborating the land use plannings and plans specified in Section I, Part II and Section I, Part III of this Circular shall have to elaborate the investment projects on land use planning; the projects on adjustment and supplement of land use plans; five-year land use plans, for submission to the competent authorities for approval.

For annual land use plans; plans on adjustment and supplement of five-year and annual land use plans, no investment projects but only the cost estimates shall be made.

2. The fund for elaboration of land use plannings and plans shall be provided by the State budget under the guidance of the Ministry of Finance and the General Land Administration:

a/ The fund for elaboration of the national land use plannings and plans as well as plans on use of land for defense and security purposes shall be provided by the central budget;

b/ The fund for elaboration and adjustment, supplement of land use plannings, elaboration and adjustment, supplement of five-year land use plans, elaboration of plans on adjustment, supplement of provincial-level annual land use plans; the fund for elaboration and adjustment, supplement of land use planning, elaboration and adjustment, supplement of district-and commune-level annual land use plans shall be provided by the provincial-level budget.

Part V

MANAGEMENT OF IMPLEMENTATION OF LAND USE PLANNINGS AND PLANS

I. THE RESPONSIBILITIES OF THE PEOPLE’S COMMITTEES OF ALL LEVELS

1. The People’s Committees of all levels have the responsibility to organize, direct and inspect the implementation of land use plannings and plans.

2. The provincial-level People’s Committees have the responsibility to report to the General Land Administration on the implementation of the annual land use plans of their respective localities on December 15 every year at the latest. The General Land Administration sums up the situation on implementation of the provincial-level annual land use plans for report to the Government.

II. THE RESPONSIBILITIES OF THE LAND ADMINISTRATION OFFICES AT ALL LEVELS

1. Within 30 days as from the date the land use plannings or plans are approved by competent State bodies, the land administration offices have the responsibilities to:

a/ Post up the land use plannings and plans as well as the land used for investment projects at the provincial- and district-level land administration offices and at the offices of the commune-level People’s Committees.

b/ Guide the implementation of land use plannings and plans. Directly provide information related to land use plannings or plans for organizations, family households and individuals and organize the propagation and dissemination thereof through the mass media.

2. Propose to the People’s Committees of the same level the adjustment and supplement of land use plannings and plans in compatibility with the socio-economic development objectives of each period.

3. Inspect the implementation of land use plannings and plans, detect and handle according competence or propose the competent State bodies to handle violations of land use plannings and/or plans.

Part VI

IMPLEMENTATION ORGANIZATION

1. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall, within the ambit of their tasks and powers, have to organize the implementation of this Circular.

2. In the course of implementing this Circular, if any problem arises, it shall be reported in time to the General Land Administration for settlement.

3. This Circular takes effect 15 days after its signing. The previous stipulations contrary to this Circular are all annulled.