Nghị quyết 17/2011/QH13

RESOLUTION

ON THE LAND USE MASTER PLAN UP TO 2020 AND NATIONAL FIVE-YEAR (2011-2015) LAND USE PLAN

THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/NQ-QH10 bổ sung điều của Hiến pháp nước cộng hoà xã hội chủ nghĩa Việt Nam năm 1992">51/2001/QH10;

Pursuant to Land Law No. 13/2003/QH11;

Considering Report No. 157/TTr-CP of September 16, 2011, Additional Report No. 199/ BC-CP of October 12, 2011, and the land use master plan up to 2020 and national five year (2011-2015) land use plan submitted by the Government, Verification Report No. 96/BC-UBKT13 of October 13, 2011, of the National Assembly's Economic Affairs Committee, and opinions of National Assembly deputies;

RESOLVES:

I. RESULTS OF IMPLEMENTATION OF THE LAND USE MASTER PLAN UP TO 2010 AND FIVE-YEAR (2006-2010) LAND USE PLAN

Ten years of implementing the land use master plan and plan achieved positive results: increased effect and effectiveness of the state management of land, good exploitation of land potential for fulfillment of socio-economic development, defense and security objectives. The land use master plan and plan zoned off agricultural land for national food security, strategic reserve and export; improvements were made in forest protection and development; the needs for land for national industrialization and modernization and urban development were basically met. Land auction and collection of charges for land allocation, lease and change of land use purposes constituted an important state budget revenue source. Unused land was gradually used properly, meeting land needs for socio-economic development and requirements on ecological balance and environmental protection.

Together with these results, the implementation of the land use master plan and plan still revealed limitations: land use planning quality was not high; inter-regional and provincial connection and planning management remained poor; observance of discipline and rules in the implementation of the master plan and plan was not strict; improper, wasteful and ineffective use of land was seen in many localities; constraints remained in policies, laws and planning management decentralization; and inspection, examination and handling of violations and settlement of complaints and denunciations failed to meet requirements.

II. THE LAND USE MASTER PLAN UP TO 2020 AND NATIONAL FIVE-YEAR (2011- 2015) LAND USE PLAN

The land use master plan up to 2020 and national five-year (2011-2015) land use plan cover the following major objectives, targets, tasks and solutions:

1. Objectives

To closely manage land resources under master plans, plans and law; to ensure proper, economical and effective use of land. To protect the eco-environment and effectively respond to climate change and sea level rise, ensuring sustainable development. To promote to the utmost land potential and resources to meet requirements for industrialization, modernization and economic restructuring, ensuring national food security and achieving national socio­economic development, defense and security objectives.

2. Targets

3. Tasks and solutions for implementation(1) Master plans and plans of sectors, industries and localities using land must be based on the national land use master plan and plan decided by the National Assembly. The elaboration and implementation of the land use master plan and plan must be consistent across the country, regions and localities, meeting national socio-economic development, defense and security requirements.

(2). To determine boundaries of, and publicize, areas for rice cultivation and protection and special-use forests subject to strict protection. To regulate and allocate resources, firstly state budget funds, in a way to assure interests between localities with industrial development conditions and those having large areas for rice cultivation; to increase investment in socio-technical infrastructure and build establishments preserving, processing and consuming commodity rice in localities with large areas under rice; to adopt appropriate policies and measures to reduce production costs and raise incomes for rice growers to ensure their stable production.

(3). To closely manage and supervise development master plans on economic zones, industrial parks and clusters, and land of non-agricultural production and business establishments. Land for non-agricultural production and business must be used economically and effectively under planning.

To adopt mechanisms and policies to attract investment in infrastructure construction and development of industries, services and tourism in synchrony with development of socio­economic infrastructure in midland, mountainous and coastal areas, minimizing the use of land under rice cultivation in delta regions.

(4) Before 2015, to review and determine boundaries of land for defense and security; land for defense and security combined with economic development; and land used by defense and police units for economic development in localities.

(5). To renew mechanisms on management of land use associated with forest production, protection and development at agriculture and forestry companies and forest management units in order to completely tackle land-related disputes and raise land use effectiveness at these units.

(6). To increasingly invest in basic land surveys; to develop a database and complete a system of information on land; to determine a system of specific norms for using land under planning in order to raise responsibilities and activeness of each level in land management and use; to train human resources, conduct scientific research and apply hi-tech to land management; to raise the quality of forecasts and the elaboration, appraisal, management, implementation and supervision of land use master plans and plans.

(7). To boost administrative reform in the state management of land. To increase inspection, examination and promptly handle violations of law, ensuring use of land under the master plan and plan, to strictly observe norms under the land use master plan and plan decided by the National Assembly. Any problems arising in the implementation of the land use master plan and plan, which prompt adjustment of the norms provided in Section II of this Resolution, shall be reported by the Government to the National Assembly for consideration and decision.

(8) To expeditiously study, amend and supplement the Land Law in order lo renew and raise the legal effect of the land use master plan and plan, assuring conformity with the master plan and plan in all land use activities.

III. ORGANIZATION OF IMPLEMENTATION

1. The Government shall allocate national-level land use norms, direct the completion of master plans and plans on land use for defense and security and local land use master plans and plans; and guide and organize the implementation of this Resolution.

Ministries, ministerial-level agencies, government-attached agencies and provincial-level People's Committees shall, within the ambit of their tasks and powers, elaborate or review and adjust master plans of their sectors or industries in conformity with the land use master plan and plan, and concurrently increase inspection and supervision of the observance of norms to ensure use of land in conformity with the land use master plan and plan.

The Government shall annually report the implementation of the land use master plan and plan to the National Assembly.

2. The Standing Committee, the Ethnic Council, Committees of the National Assembly, National Assembly deputies' delegations and individual National Assembly deputies shall supervise the implementation of this Resolution.

3. People's Councils of all levels shall oversee the implementation of this Resolution in their localities.

4. The Central Committee and member organizations of the Vietnam Fatherland Front shall, within the ambit of their tasks and powers, supervise, and mobilize people to participate in, the implementation of this Resolution.

This Resolution was adopted on November 22, 2011, by the XIII^th National Assembly of the Socialist Republic of Vietnam at its 2nd session. -