Laws of Vietnam

Having considered the Government's Report No. 65/TTr-CP on the country's 2006-2010 five-year land use plan; Verification Report No. 2548/UBKTNS of the National Assembly's Economic and Budgetary Committee; and opinions of National Assembly deputies,

I. To approve the country's 2006-2010 five-year land use plan with major norms up to 2010 as follows:

A. Norms of land area to be used for various purposes

1. Agricultural land: 26,219,950 ha

a/ Agricultural production land: 9,239,930 ha

Of which:

- Land for cultivation of annual crops: 6,583,040 ha

Land for wet rice cultivation: 3,861,380 ha

Land for cultivation of wet rice in two seasons or more: 3,311,770 ha

- Land for planting perennial trees: 2,656,890 ha

b/ Forestry land: 16,243,670 ha

- Production forest land: 7,702,490 ha

- Protective forest land: 6,563,210 ha

- Special-use forest land: 1,977,970 ha

Land zoned off for reforestation: 957,950 ha

Land for forestation: 1,000,000 ha

Rate of coverage with concentrated forest trees:

- Against natural area: 43.2%

- Against forestry land area: 92%

c/ Land for aquaculture: 700,060 ha

d/ Land for salt-making: 20,690 ha

e/ Other agricultural land: 15,600 ha

2. Non-agricultural land: 4,021,380 ha

a/ Residential land: 1,035,380 ha

- Rural residential land: 924,640 ha

- Urban residential land: 110,740 ha

b/ Special-use land: 1,702,810 ha

- Land for construction of working offices and non-business works: 28,530 ha

- Land used for defense and security purpose: 281,180 ha

- Land for non-agricultural production and business: 227,290 ha

Land for construction of industrial parks: 100,470 ha

Land used as ground for construction of production and business establishments: 44,430 ha

Land used for mineral activities: 54,160 ha

Land for production of building materials, porcelain or china products: 28,230 ha

- Land used for public utility: 1,165,810 ha

Land used for traffic purpose: 636,090 ha

Land for irrigation purpose: 385,150 ha

Land for construction of energy conduction or communication systems: 15,960 ha

Land for construction of cultural works: 21,320 ha

Land for construction of healthcare works: 6,690 ha

Land for construction of education and training works: 42,310 ha

Land for construction of physical training and sport works: 21,390 ha

Land for construction of marketplaces: 6,610 ha

Land with historical-cultural relics or scenic places: 18,040 ha

Land used as waste sites, rubbish dumps and waste disposal zones: 12,250 ha

c/ Land for cemeteries: 92,290 ha

d/ Land for religious purpose: 13,080 ha

3. Unused land: 2,879,830 ha

B. Norms on change of use purposes of land of various categories

1. Agricultural land to be used for non-agricultural purposes: 645,200 ha

a/ Land under cultivation of low-productivity wet rice to be used for other purposes: 72,600 ha

- Land under wet-rice cultivation to be used as non-agricultural land other than residential land: 59,400 ha

- Land under wet-rice cultivation to be used as residential land: 13,200 ha

b/ Forestry land with forests to be used for other purposes: 105,600 ha

- Forestry land with forests to be used as agricultural production land: 46,600 ha

- Forestry land with forests to be used as non-agricultural land other than residential land: 56,100 ha

- Forestry land with forests to be used as residential land: 2,900 ha

2. Unused land to be put to use: 2,193,100 ha

a/ Unused land to be used for agricultural purposes: 2,042,600 ha

b/ Unused land to be used for non-agricultural purposes: 150,500 ha

II. Basing itself on this Resolution, the Government shall direct ministries, ministerial-level agencies and provincial/municipal People's Committees to apply, within the scope of their respective tasks and powers, the following solutions:

1. To resolutely settle, or propose the settlement of, disputes over local administrative boundaries.

2. To review and perfect legal documents on socio-economic development, land use, branch and construction plannings in order to clarify their contents and concretize the order of their implementation, avoiding overlap or loopholes in their management. To expeditiously elaborate and submit to the National Assembly bills on finance in the land domain.

3. To step up scientific research and intensify professional training with a view to raising the quality of formulation and management of land use plannings and plans. To apply mechanisms for involving scientific research bodies and training establishments in the formulation of, and consultancy on, land use plannings and plans.

4. To allocate sufficient funds for the completion of land use plannings up to 2010 and land use plans in the 2006-2010 period of all levels before June 30, 2007; and complete the grant of land use rights certificates. To make intensive investment in order to complete the modernization of the national system of cadastral dossiers before 2010.

5. To intensify examination and inspection of the formulation, evaluation, approval and publicization of land use plannings and plans of all levels; to strictly handle violations of law on land use plannings or plans, especially in land allocation, land lease, permission to change land use purposes, and land recovery.

6. To review the actual state of use of land in localities, units and organizations, including land used for defense and security purpose and land managed by agricultural farms, forestry farms or state enterprises in order to make appropriate adjustment. Allocated or leased land which has been left unused or inefficiently or improperly used shall be recovered.

7. To review and urge the use of land for the execution of projects on construction of industrial parks, industrial clusters, trade villages, new urban areas, residential areas and dwelling houses for rational, economical and efficient use of land. To make coordinated investment in infrastructure with a view to promoting the efficient use of recovered land; to recover land areas only when it is needed, putting an end to recovering land without using it. To strive for the target that by June 30, 2007, there will be no plannings or plans which have been approved but not implemented within the prescribed time limit.

8. To closely control the use of land for rice cultivation, other agricultural land with potential for intensive farming of high productivity, land under forests, or land with water surfaces as ground for non-agricultural production or business investment. To conduct survey of the actual use of field land in order to identify areas of field land being used for agricultural purposes (aquaculture, cultivation of vegetables, cash crops, short-term industrial trees, grass, etc.) on which wet rice can still be grown, apart from areas of field land currently used for wet-rice cultivation. To apply specific policies to develop industrial parks and industrial clusters in land areas of low agricultural yield and poor infrastructure.

9. To step up administrative reform in land management. To reorganize administrative apparatuses and public-service organizations in charge of land management, especially land use right registries and land fund development organizations.

10. To further renew policies and modes of compensation and support, guaranteeing legitimate interests of people who have lawful land recovered according to the provisions of law; especially for to be-resettled households, their resettlement housings should be at least comparable with their former housings. To effectively overcome delays in compensation or ground clearance in order to speed up the execution of projects.

11. To apply policies to encourage reclamation and greening of fallow land and barren hills and aquaculture on uncultivated water-surface land with a view to speeding up the progress of putting unused land to use; to increase investment in programs on forestation and reforestation, and increase the level of assigned expenditures for forest protection.

12. To promote the role of socio-political organizations and people in formulating, and supervising the implementation of, land use plannings and plans.

III. The National Assembly Standing Committee, the Nationalities Council, National Assembly Committees, National Assembly Delegations and National Assembly deputies shall supervise the implementation of this Resolution.

IV. People's Councils of all levels shall further intensify supervision of the formulation and implementation of land use plannings and plans as well as the implementation of compensation, support and resettlement policies upon land recovery by the State.

V. The Vietnam Fatherland Front and its member organizations shall, within the ambit of their respective tasks and powers, coordinate with concerned state agencies in disseminating, and mobilizing people to implement, and supervise the implementation of, this Resolution.