What is planned land?
* From a legal perspective
Clause 36, Article 3 of the 2024 Land Law stipulates: Land use planning is the allocation of land use targets and zoning of land for socio-economic development, defense, security, environmental protection and adaptation to climate change purposes based on land potential and land use needs of sectors and fields for each administrative unit for a specified period.
Accordingly, planned land is the area of land belonging to the space used for socio-economic development goals, national defense, security, land use needs of industries, fields, localities... In this sense, residential land in any area is planned. For example: According to the plan, there are areas that are residential land, commercial - service land, park land, forest land, rice land,...
The legal consequence when land is planned in this case is that it must be converted and used for the right purpose or the State recovers it (the recovered land area compared to the total land area of the locality is very small).
* According to practical understanding
Planned land is the area of land under planning, plans to implement projects, roads, other public works or recovered for national defense and security purposes. Accordingly, the legal consequences of the land plot when falling under this case will mainly be recovered according to the provisions of law.
Although there are two understandings as above, planned land is currently mainly understood in the practical sense as land under planning to implement projects, roads, other public works or recovered for national defense and security purposes.
Is land use planning mandatory for public disclosure?
According to the provisions of Clause 36, Article 3 of the 2024 Land Law, land use planning is defined as the allocation of land use targets and zoning of land for socio-economic development, defense, security, environmental protection and adaptation to climate change purposes based on land potential and land use needs of industries and fields for each administrative unit for a specified period.
In addition, Clause 2, Article 75 of the 2024 Land Law stipulates that the national land use plan; provincial-level land use plans and plans; district-level land use plans, and district-level annual land use plans after being decided and approved by competent state agencies must be publicly announced.
Accordingly, the following land use plans must be publicly announced:
(1) Provincial-level land use planning;
(2) District-level land use planning.
In 2026, where can people see land use planning?
People can view the land use plan as follows:
- See the national land use plan at the agency headquarters and on the electronic information portal of the Ministry of Agriculture and Environment;
- View provincial land use planning at the agency headquarters and on the electronic information portal of the Provincial People's Committee;
In addition, people can also view planning information on the national land information system according to the provisions of Article 59 of Decree 101/2024/ND-CP:
- Online viewing on the National Land Information Portal, National Public Service Portal, Public Service Portal of the Ministry of Agriculture and Environment, Provincial Public Service Portal, via SMS messaging service, via web service and API; viewing through utilities and applications that create products and added value from the national land database.
- Watch live at the Department of Receipt and Return of Administrative Procedure Results.
