What is suspended planning according to Vietnamese law?

Pursuant to the provisions of Article 49 Land Law 2013 amended by Clause 1, Article 6 Law amending and supplementing a number of Articles of 37 Laws related to 2018 planning There are regulations tImplement planning and land use plans as follows:

“8. The land area recorded in the annual land use plan of the district that has been announced must be recovered to implement the project or must change the land use purpose but after 03 years there has been no land recovery decision or has not been decided. is allowed to change the land use purpose, the state agency competent to approve the land use plan must adjust, cancel and announce the adjustment, cancellation of recovery or change of purpose for the land area. land area recorded in the land use plan.

Currently, the law does not have specific regulations on what the concept of suspended planning is.

However, based on the above regulations, it can be understood that suspended planning is the situation where the land area recorded in the annual land use plan has been announced by the competent authority to be recovered to implement the plan but is still not implemented. execute on schedule and plan.

Can land within a planning project be red-booked?

Pursuant to Clause 6, Article 19 Decree 43/2014/ND-CP Regulates cases where Certificates of land use rights, ownership of houses and other assets attached to land are not issued as follows:

Cases of not issuing Certificates of land use rights, ownership of houses and other assets attached to land: “6. Land users are eligible for issuance of Certificates of land use rights, ownership of houses and other assets attached to land but have had a notice or decision to revoke land from a competent state agency. rights”.

Besides, according to the provisions of Article 49 Land Law 2013 amended by Clause 1, Article 6 Law amending and supplementing a number of Articles of 37 Laws related to 2018 planning stipulated as follows:

Cases where Certificates of land use rights, ownership of houses and other assets attached to land are not issued

“7. In case the land use planning has been announced but there is no district-level annual land use plan, the land user can continue to use it and exercise the rights of land users according to regulations. of the law

In case there is an annual land use plan at the district level, land users in the area who must change the land use purpose and recover land according to the plan can continue to exercise the rights of land users but do not to build new houses and buildings, and plant perennial trees; If the land user needs to renovate or repair existing houses or structures, they must obtain permission from a competent state agency according to the provisions of law.

8. The land area recorded in the annual land use plan of the district that has been announced must be recovered to implement the project or must change the land use purpose but after 03 years there has been no land recovery decision or has not been decided. is allowed to change the land use purpose, the state agency competent to approve the land use plan must adjust, cancel and announce the adjustment, cancellation of recovery or change of purpose for the land area. land area recorded in the land use plan.

In cases where the competent state agency that approves the land use plan does not adjust or cancel it, or adjusts or cancels it but does not announce the adjustment or cancellation, the land user is not limited in his or her rights. according to the provisions of Clause 7 of this Article".

Thus, if the land is in a planning project and there has been a decision to recover the land, the red book will not be issued.

Land in a suspended planning project can only be issued a red book if there is a decision to cancel land recovery for the land area recorded in the land use plan.

Note: If after 3 years there has not been a decision to recover land or permission to change the land use purpose (suspended planning), the state agency must adjust or cancel and must announce the adjustment and cancellation. the recovery or change of purpose of the land area recorded in the land use plan.

If the suspended planning project is not announced to be canceled within the above time limit, the land user in the suspended planning project will not have land use rights restricted according to Clause 7, Article 49. Land Law 2013 (amended by Clause 1, Article 6 Law amending and supplementing a number of Articles of 37 Laws related to planning (2018)