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Land use planning and plans according to the draft resolution: new points and practical impacts
Over the past years, the work of planning and land use planning in localities has encountered many difficulties, especially the overlap between administrative levels and prolonged procedures, delaying the implementation of investment projects. To solve this problem, the draft Resolution of the National Assembly on Regulations on a number of mechanisms and policies to remove difficulties and obstacles in the organization of the implementation of the Land Law has introduced breakthrough changes, focusing on adjusting the mechanism for planning and land use planning.
1. New regulations in the Draft Resolution
According to the draft Resolution, from the coming period, the mechanism for planning and land use planning will have fundamental changes. Specifically, there will no longer be a 5-year land use plan for centrally-run cities, nor will there be a district-level land use plan, an annual district-level land use plan, or a commune-level land use plan as before. Instead, the State will only maintain a commune-level land use plan for a period of 5 years.
This new point is expected to significantly reduce overlap and complexity in the planning system, which has long been a major cause of “suspended” projects or investment procedure congestion. By eliminating planning levels, the management agency will avoid the situation where a plot of land is subject to the simultaneous control of many types of planning, while it will also be easier for people and businesses to clearly determine the legal status of the land.
The commune-level land use plan for a 5-year cycle will be built based on land planning targets allocated by the provincial level or on approved urban and rural planning. This has two important meanings: (i) ensuring unity and synchronization from the provincial level to the grassroots level; (ii) closely reflecting the actual needs of the local community – where the land is directly used.
In fact, having a stable 5-year plan at the commune level will be an important legal basis for a series of key decisions such as land recovery, land allocation, land lease, permission to change land use purposes or organizing land use rights auctions. Thanks to that, both the government, investors and people can predict the direction of land use, thereby increasing transparency, stability and the ability to plan investment – production.
For businesses, this change helps save time and costs when accessing land, while reducing legal risks because there is no longer a need to compare many different planning levels. For people, especially households who want to apply for a change in land use purpose or a construction permit, the new regulation will simplify procedures and shorten the time to process documents.
It can be said that this is a breakthrough adjustment in land management, towards a more streamlined, transparent and effective mechanism, while balancing state management requirements with the practical needs of society.
2. The meaning of the new regulations
This new point has many positive meanings. First of all, it reduces the burden of administrative procedures, avoiding the situation of suspended plans lasting for many years at the district level. Second, giving planning power to the commune level will help reflect reality more closely, because the grassroots government is the place that directly understands the land use needs of people and businesses. Third, the 5-year plan will create stability, making it easier for businesses to forecast and prepare for investment activities.
For people and households, having a clear commune-level land use plan will make the process of applying for land use purpose conversion or construction permit issuance more convenient. Enterprises investing in real estate, industrial parks or production projects can also be more proactive in seizing opportunities.
From a practical perspective, we recommend that businesses and people should proactively monitor the commune-level land use plan announced for each 5-year period. This is an important legal basis for deciding whether to implement a project or not. In addition, before making an investment plan, businesses also need to review the provincial planning and related urban/rural planning.
Conclusion: Innovation in planning mechanisms and land use plans is an important step to reduce overlap, create transparency and improve land use efficiency. However, people and businesses need to promptly grasp the new regulations to take advantage of opportunities and limit legal risks.
Recommendations from LS and Associates Law Firm LLC (“LS Law Firm”)
The above are the basic contents of planning and land use plans according to the draft resolution: new points and practical impacts based on the provisions of the law at the time of writing the article. If you need advice on the above issue or are interested in other legal services, please contact LS Law Firm immediately via Email: lslawfirm2014@gmail.com for timely support.
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