Legalization of regulations related to the use of reclaimed land along rivers and coastlines

29/09/2023

TN&MTReclaimed land is land that has become barren or newly formed due to the deposition of silt. Reclaimed land along rivers and coastlines falls within the jurisdiction of the respective commune, ward, or town, and is managed by the People's Committee of that commune.

Although reclaimed land has been legalized and included in the Land Law of 2003, its management has not been highly effective, and there are still many challenges. The Land Law of 2013 introduced several provisions to address this situation, clearly defining the rights of management, utilization, and ownership of reclaimed land. In the draft Land Law (amended), the Ministry of Natural Resources and Environment has proposed legalizing certain regulations related to the use of reclaimed land along rivers and coastlines.

Specifically, in Article 184 of the draft, the Ministry of Natural Resources and Environment proposes regulations on the use of reclaimed land along rivers and coastlines as follows: Reclaimed land along rivers and coastlines includes land along riverbanks, floating land, islets in rivers, reclaimed land along the coast, and floating land and islets in the sea.

Reclaimed land along rivers and coastlines within the jurisdiction of a district, district-level town, or city in a province or centrally run city shall be managed by the People's Committee of that district.

Reclaimed land along rivers and coastlines may be leased by the State to economic organizations, individuals, overseas Vietnamese individuals, and foreign-invested economic organizations for investment projects.

Individuals who have been allocated reclaimed land along rivers and coastlines by the State for agricultural purposes before the effective date of this Law shall continue to use the land for the remaining allocated period. When the land allocation period expires and there is a need for land use that is in line with approved land use planning and does not violate land-related laws, the State may consider leasing the land.

The draft also specifies that the State is responsible for developing land use planning and plans for land reclamation to bring reclaimed land along rivers and coastlines into use. It encourages economic organizations and individuals to invest in and utilize reclaimed land along rivers and coastlines in accordance with approved planning and legal regulations.

The People's Committee of the district is responsible for regularly investigating, surveying, monitoring, and evaluating reclaimed land areas along rivers and coastlines that are prone to erosion or sedimentation to develop exploitation and utilization plans. The relevant state authorities with jurisdiction will consider and decide on leasing reclaimed land areas along rivers and coastlines that are frequently eroded or sedimented for individuals with demands.

The use of reclaimed land areas along rivers and coastlines must adhere to the principles of conserving nature, biodiversity, and environmental protection.

Localities with reclaimed land areas along rivers and coastlines under their management must maintain strict control. The exploitation and use of such land must be authorized by competent authorities, and violations must be promptly prevented and handled in accordance with the law.

Diep 

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