Thông tư 01/2017/TT-BTNMT

CIRCULAR

REGULATIONS ON LAND USE RESTRICTION ON CONTRSUCTION OF CULTURAL, MEDICAL, EDUCATION AND SPORTS FACILITIES

Pursuant to the law on Land dated November 29, 2013;

Pursuant to Decree No.21/2013/ND-CP dated March 04, 2013 of the Government providing for functions, missions, rights and organizational structure of the Ministry of Natural Resources and Environment;

At the request of the Director General of General Department of Land Management and Director General of Department of Legal Affairs,

The Minister of Natural Resources and Environment promulgates Circular providing for Land use restriction on construction of cultural, medical, education and sports facilities.

Article 1. Land use restriction on construction of cultural, medical, education and sports facilities is issued together with this Circular.

Article 2. This Circular comes into force from March 30, 2017

Article 3. Ministries, ministerial agencies, Governmental agencies, People’s Committees of centrally-affiliated provinces and cities, Director of entities affiliated with the Ministry of Natural Resources and Environment and relevant organizations and individuals shall take responsibility to implement this Circular./.

RESTRICTION

ON LAND USE FOR CONSTRUCTION OF CULTURAL, MEDICAL, EDUCATION AND SPORTS FACILITIES
(Issued together with Circular No.01/2017/TT-BTNMT dated February 09, 2017 of the Ministry of Natural Resources and Environment)

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides for land use restriction on construction of cultural, medical, education and sports facilities and cultural construction projects on land for community activities (not including facilities of culture, medical, education and sports managed by the Ministry of National Defense and Ministry of Public Security).

Article 2. Regulated entities

These restrictions apply to state management agencies, professional agencies for natural resources and environment, organizations and individuals concerning the formulation, inspection and approval of plans for land use of provinces and districts; inspection of demand for land use of land delivery, land lease, transfer of land use purposes for new construction or the increase in the scale of land use for cultural, medical, education and sports facilities and cultural construction projects on land for community activities.

Article 3. Definitions

1. ”land use restriction” means a limited land area necessary for one construction project to serve its purposes and use the land effectively for a particular purpose. -

2. ”land use restriction per capita” means land area measured in square meters provided for one person which enables him/her to fully develop his/her competency in one subject and use the land effectively for a particular purpose.  This restriction shall be determined by administrative divisions in commune, district and province and depending on total population of each administrative division0}

3. Culture centre of commune; culture house of village, village hall, office and club are considered cultural construction projects on land use for community activities prescribed in Circular No.28/2014/TT-BTNMT dated June 02, 2014 of the Minister of Natural Resources and Environment on statistics and inventory of land and map of current trends in land use.

Chapter II

LAND USE RESTRICTION

Article 4. Land use restriction on construction of cultural facilities

1.  Land for construction of cultural facilities means land provided for cultural construction project including Culture centre, children' s palaces or children’s houses or centre for children’s activities; labor culture palaces or labor culture houses; cinemas; circuses; theatres; art exhibition centres; museums; squares; libraries; culture house of village; hall, office and club of village.

2. Land use restriction on construction of cultural facilities

3. Land use restriction on construction of cultural facilities

Unit: square metres per capita

Article 5. Land use restriction on construction of medical facilities

1. Land for construction of medical facilities means land provided for medical construction projects including medical aid stations, general hospitals, specialized hospitals of districts or provinces or central specialty hospitals; general clinics (of districts); preventive health centers; traditional medicine hospitals.

2. Land use restriction on construction project of medical facilities

3. Land use restriction per capita for construction of medical facilities

Unit: square metres per capita

Article 6. Land use restriction on construction of education facilities

1. Land for construction of education facilities means land provided for construction projects of education including pre-schools, primary schools, day high schools for ethnic minority; middle schools, boarding middle schools for ethnic minority; high schools; boarding high schools for ethnic minority, centres for vocational education and continuing education, centres for vocational education; vocational schools, technical colleges, colleges and universities.

2. Article 6. Land use restriction on construction project of education facilities

3. Land use restriction per capita for construction of education facilities

Unit: square metres per capita

Article 7. Land use restriction on construction of sports facilities

1. Land for construction of sports facilities means land provided for construction projects of sports including simple sports grounds, stadiums, and sports facilities. multi-purpose gymnasiums, swimming pools, sports complex or regional and provincial sports centres.

2. Land use restriction on construction project of sports facilities

Unit: 1,000 square metres per project

3. Land use restriction per capita for construction of sports facilities

Unit: square metres per capita

Chapter III

APPLYING LAND USE RESTRICTION

Article 8. Land use restriction on construction project prescribe minimum and maximum land area for a particular type of project corresponding to each administrative division; in case there is another project of a superior division of such administrative one, land area of administrative project will be added that of the superior one.

Article 9. Land use restriction per capita prescribe minimum and maximum land area for one person depending on each particular region and corresponding to each administrative division; in case there is another construction project of a superior division of such administrative one, land area of administrative project will be added that of the superior one.  Land use restriction per capita is used to determine total area of a type of land depending on each administrative division.

Article 10. There may be one or more construction projects depending on conditions of each administrative area; however; total land area of each type of construction project in the area must not exceed the maximum area determined depending on the population of that administrative area.

Article 11. If one administrative division has small-scale population but total area of a type of land per capita of such administrative division is too small, land area of its construction project may be equal to the minimum area specified in land use restriction on construction project.

Article 12. If any question arises during the process of implementation, agencies, organizations and individuals shall inform the Ministry of Natural Resources and Environment for consideration and solution.