The procedures for obtaining information on land use planning

Legal question: The land parcel where my family currently resides is located next to a military barracks. Currently, it has not been granted a certificate of land use rights. In the near future, I plan to apply for the first certificate of land use rights for this land parcel. However, I am concerned whether this land parcel is planned as defense land or not. Therefore, please advise me on the necessary steps to obtain the planning information for the land parcel.

Answer:

Thank you for sending your question to FDVN Law Firm. In response to your consultation requests, after studying relevant legal regulations, FDVN would like to provide our advice as follows:

Land use planning is carried out periodically; each period lasts 10 years. The State will base on National strategies for socio-economic development, national defense and security; master plans for the development of socio-economic regions; as well as strategies and master plans for development of industries; along with the natural conditions and the current land use status of different industries and fields to develop appropriate land use plans. Land use plans at national, provincial-level and district-level must be publicly announced after being decided and approved by state agencies.

Pursuant to Clause 4, Article 28 of the Law on Land 2013: “4. Competent state agencies and persons involved in land administration and use shall create conditions and provide land information to organizations and individuals in accordance with law”. Therefore, land users can request planning information, and state agencies are responsible for creating conditions and providing land information to organizations and individuals as prescribed by law.

Pursuant to Article 12 of Circular No. 34/2014/TT-BTNMT, the procedures for requesting land information are carried out according to the following steps:

Step 1: Prepare a dossier to request for planning information

A dossier for providing planning information includes the following documents: 1) Application for providing land use planning information; 2) Document explaining the content; 3) Location map, either original or certified copy as prescribed by law, at a scale of 1/500 or 1/200, performed by an agency with legal status, not exceeding 3 years from the date of issuance; 4) Legal documents on land use rights; 5) Other types of documents according to the provisions of the law.

Step 2: Submit the dossier to request for provision of planning information

After preparing the dossier, the applicant proceeds to submit the dossier to the Department of Planning and Architecture. If the dossier is valid, the officer receiving the dossier will issue an appointment slip to collect the results. If the dossier is not valid, the officer will instruct the applicant to supplement the relevant documents. 

Step 3: Resolve the dossier

The construction planning management agency is responsible for providing information on construction locations, construction boundaries, red line boundaries, construction grade and other information related to planning when requested by the land user within the scope of the construction planning project under their management. 

People's Committees of all levels are responsible for receiving, resolving, and providing relevant information.

No later than 15 days from the date of request, the construction planning management agency is responsible for providing information in writing to agencies, organizations, and individuals making the request. 

The above is FDVN's legal advice related to your consulting requests after studying relevant legal regulations. Hopefully, FDVN’s advice will be helpful to you.

By Pham Van Viet - FDVN Law Firm

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