Suggested citations
AGLC4 | 국토계획법 2004 [Land Planning Law of the Democratic People's Republic of Korea (2004)] [tr Daye Gang].
Bluebook | Gugtogyehoegbeob 2004 [Land Planning Law of the Democratic People's Republic of Korea (2004)] translated in Law and North Korea by Daye Gang, https://www.lawandnorthkorea.com/.
Adopted on March 27, Juche 91 (2002), as Law No. 12 of the Supreme People’s Assembly
Amended and supplemented on October 26, Juche 93 (2004), as Directive No. 742 of the Presidium of the Supreme People’s Assembly
CHAPTER I. BASICS OF LAND PLANNING LAW
Article 1 (Objectives of Land Planning Law)
The Land Planning Law of the Democratic People’s Republic of Korea shall strictly adopt systems and order in drafting, ratifying and executing land planning and serve to do land administration in a planned way.
Article 2 (Classification of land plans)
Land plans are standardized and comprehensive forecasting plans related to the management of land, resources, and the environment. Land plans include the nationwide overarching land construction plan, the overarching important complexes land construction plan, province (or municipality directly under central authority) overarching land construction plans, and city (or district), county overarching land construction plans.
Article 3 (Drafting principles for land plans)
Correctly drafting land plans is a fundamental guarantee for remodelling nature, constructing creations of eternal grand designs, and arranging an excellent living environment for people. The State shall resolutely assure centralist, standardized guidance in land plan drafting, and shall highly elevate the creative power of lower units.
Article 4 (Principle of ratifying land plans)
The ratification of land plans is important work of deliberating on and approving drafted plans. The State shall assure scientificity and realism in the deliberation and approval of land plans.
Article 5 (Principle of executing land plans)
Thoroughly executing land plans is the foundational way to reform the appearance of the land. The State shall do land administration such as land arrangement and afforestation, construction of residential districts and industrial complexes, road construction, resource development, and environmental protection strictly based on land plans.
Article 6 (Principle for drafting and executing basic construction plans and designs)
Land plans are the foundations of drafting basic construction plans and designs. The State shall draft and execute basic construction plans and designs in conformity with land plans.
Article 7 (Principle of all people-oriented land administration)
The State shall correctly adopt a land plan work system, and strengthen socialist patriotic education within the people so that they value and love land and actively participate in land administration work.
Article 8 (Principle of training technical experts and experts in the land planning sector)
The State shall train technical experts and professionals in the land planning sector in conformity with the requirements of the information industry age so that it has good prospects, and shall modernize and scientize land planning work.
Article 9 (Exchange and cooperation in the land planning sector)
The State shall strengthen exchange and cooperation with other countries and international organizations in the land planning sector.
CHAPTER II. DRAFTING LAND PLANNING
Article 10 (Institution drafting the land plan)
The drafting of land planning is the first process of land planning work. Drafting of the nationwide overarching land construction plan and the overarching important complexes land construction plan shall be done by the central land environmental protection guidance institution, and the drafting of the province (or municipality directly under central authority), city (or district), county overarching land construction plan shall be done by the province (or municipality directly under central authority) land environmental protection institution.
Article 11 (Principle to abide by in drafting land plans)
Principles to abide by in drafting land plans are as follows.
1. They must not intrude into agricultural land.
2. They must not make the city scale too big.
3. They must take into consideration the climate and natural characteristics of the area concerned.
4. They must calculate economic development prospects and the benefits.
5. They must take into consideration the requirements of national defense.
6. They must not destroy the environment.
Article 12 (Forecast period of land plans)
The forecast period of land plans is 50 years. In required cases, the forecast period of land plans can be shorter than 50 years.
Article 13 (Standards of land plan drafting)
The standards of land plan drafting is the land administration policy of the State. The central land environmental protection guidance institution shall set the order of land plan drafting based on the land administration policy of the State, and must make a manual and send it down to the authorities concerned.
Article 14 (Investigation and command of the true state of the land)
Land plans may not be drafted without investigating and commanding the true state of the land. The land environmental protection institution shall investigate and command the true state of the land required for land plan drafting.
Article 15 (Guarantee of required information materials)
Land environmental protection institutions may require materials required for land plan drafting from the given institutions, enterprises and organizations. Institutions, enterprises and organizations shall assure in time information materials such as the state of the resources, population, economic development prospects, the true state of the construction, meteorological hydrologic forecasts, observational data, the true state of the environment, satellite photographs, and guidance required by the land environmental protection institution.
Article 16 (Drafting of draft land plan)
Land environmental protection institutions shall research and analyse the true state of the land and draft the draft land plan. In these cases, they must agree with related institutions. In the draft land plan must be reflected things such as a land development strategy; the protection of revolutionary battlefields and revolutionary historic sites; the use of agricultural land, forests, streams, lakes, and sea; resource development; the formation of cities and villages; vacation spot district development; construction of industrial complexes and infrastructure; afforestation and protection of the natural environment; land arrangement; and beautification work.
Article 17 (Foundation of overarching land construction plan draft)
The nationwide overarching land construction plan shall be drafted by taking into consideration things such as the economy and cultural development prospects. The drafting of the overarching important complexes land construction plan and the province (or municipality directly under central authority) overarching land construction plan shall be based on the whole country overarching land construction plan, and the drafting of the city (or district), county overarching land construction plan shall be based on the province (or municipality directly under central authority) overarching land construction plan.
CHAPTER III. RATIFICATION OF LAND PLAN
Article 18 (Basic requirements of land plan ratification)
Strictly keeping the ratification process of land plans is an important condition to guarantee the correct execution of land plans.
Land environmental protection institutions must raise the drafted nationwide overarching land construction plan and overarching important complexes land construction plan to the Cabinet, and must raise the province (or municipality directly under central authority), city (or district), county overarching land construction plan to the province (or municipality directly under central authority) People’s Committee.
Article 19 (Raising the ratification of the overarching land construction plan)
Cabinet must raise the nationwide overarching land construction plan and the overarching important complexes land construction plan for the ratification of the Supreme People’s Assembly or Presidium of the Supreme People’s Assembly. In these cases, it must be debated at the Plenary Meeting or Meeting of the Permanent Committee.
Article 20 (Deliberation on and approval of whole country, important complexes overarching land construction plan)
The nationwide overarching land construction plan and the overarching important complexes land construction plan shall be deliberated on and approved at the Supreme People’s Assembly. Overarching land construction plan that have been raised in a period when the Supreme People’s Assembly is not in session shall be deliberated on and approved by the Presidium of the Supreme People’s Assembly.
Article 21 (Deliberation on and approval of other overarching land construction plans)
Province (or municipality directly under central authority), city (or district), and county overarching land construction plans shall be deliberated on and approved by the province (or municipality directly under central authority) People's Assembly. Overarching land construction plans raised in periods where the province (or municipality directly under central authority) People's Assembly is not in session shall be deliberated on and approved by the province (or municipality directly under central authority) People’s Committee.
Article 22 (Instruction of ratified land plan)
Land environmental protection institutions shall send down ratified land plans within 1 month to relevant institutions, enterprises and organizations, including state planning institutions, State construction supervision institutions, and local political institutions.
CHAPTER IV. EXECUTION OF LAND PLAN
Article 23 (Basic requirements of execution of land plan)
The execution of land plans is wider nature remodelling work to manage land, resources, and the environment in conformity with the people’s aims and requirements. Land environmental protection institutions and relevant institutions, enterprises and organizations must do land administration according to land plan.
Article 24 (Institution of order of execution of land plan)
Institutions, enterprises and organizations who have received instruction about the land plan must correctly determine the present or prospective order for each year and for each subject to execute the land plan.
Article 25 (Drafting technical assignment, overarching construction plan)
Institutions, enterprises and organizations who have received the subject order for the execution of the land plan must draft technical assignments and an overarching construction plan. Drafted technical assignments and overarching construction plans must receive the agreement of the land environmental protection institution.
Article 26 (Raising land construction and development application documents)
Institutions, enterprises and organizations seeking to construct land or develop resources must submit an application document to the land environmental protection institution. In these cases, they must attach documents such as a plot of land investigation report. A land environmental protection institution shall review raised application documents in time and approve or reject them.
Article 27 (Issue of directive documents for construction location or land development approval documents)
In cases where land environmental protection institutions have approved land construction and resources development, they must issue directive documents for construction location or land development approval documents. The issue of directive documents for construction location shall be issued in cases of the construction of buildings and facilities, and the issue of land development approval documents shall be issued in cases of the afforestation and development of resources, the construction of city and industrial complexes, and the setting of protected areas and special districts.
Article 28 (Subjects of not issuing directive documents for construction location)
Directive documents for construction locations shall not be issued for construction subjects inside cities and the territory of industrial complexes.
Article 29 (Construction site planning, construction license, permits for the use of land, permission for funds expenditure)
Institutions, enterprises and organizations that have commissioned the construction must receive things such as construction site planning, construction licenses, permits for the use of land, and permission for funds expenditure based on the directive documents for construction location or land development approval documents. However, in cases where resources are sought to be developed or protected areas are sought to be set up, construction site planning shall not be received.
Article 30 (Conditions for land construction, resource development)
Institutions, enterprises and organizations that have commissioned the construction shall construct land or develop resources as pointed out in the directive documents for construction location or the land development approval documents. In cases where land construction or resource development has not been commenced within the designated period, the relevant approval must be received again.
Article 31 (Construction of land planning subjects and related facilities)
Relevant institutions, enterprises and organizations must comprehensively construct land planning subjects and related facilities. In these cases, repeat construction must be eliminated and labour, resources, and funds must not be wasted.
Article 32 (Report of state of execution of land plan)
Institutions, enterprises and organizations that have executed a land plan must report in time progress on it to the land environmental protection institution. The Cabinet and land environmental protection institutions must normally review the state of implementation of the land plan.
CHAPTER V. GUIDANCE AND CONTROL OVER LAND PLANNING WORK
Article 33 (Basic requirements of guidance and control for land planning work)
Strengthening guidance and control for land planning work is the resolute guarantee to correctly implement the land administration policy of the State. The State shall correctly adopt a guidance system for land planning work and strengthen guidance and control in conformity with the requirements of actual development.
Article 34 (Guidance for land planning work)
Guidance for land planning work shall be done by the central land environmental protection guidance institution under the standardized guidance of the Cabinet. The central land environmental protection guidance institution shall correctly adopt a land plan and must provide guidance so that it can be executed without fail.
Article 35 (Report on fortification and state of change of land plan information base)
The central land environmental protection guidance institution must strongly manage a land plan information base that allows the collection, preservation, and labour for materials required in drafting the land plan. The region land environmental protection institution must normally command the state of change of the land environment and shall report it to the central land environmental protection guidance institution.
Article 36 (Duty of adherence to overarching land construction plan)
Local political institutions and relevant institutions, enterprises and organizations must do the work of land and stream arrangement, afforestation, and construction of roads and small and medium-sized power plants according to the city (or district), county overarching land construction plan.
Article 37 (Guarantee of conditions for land planning work)
State planning institutions, labour administration institutions, and relevant authorities must assure in time the labour, facilities, resources, and funds required for the land planning sector. Labour, facilities, resources, and funds for the land planning sector may not be used in a different sector.
Article 38 (Supervision and control for land planning work)
Supervision and control for land planning work shall be done by the land environmental protection institution and the relevant supervision and control institution. The land environmental protection institution and the relevant supervision and control institution must strictly supervise and control the state of land planning work.
Article 39 (Suspension)
Acts such as land construction or resource development without approval shall be suspended.
Article 40 (Damage compensation)
Damage created by giving construction site planning or permits for the use of land counter to land plans shall be compensated.
Article 41 (Administrative or criminal responsibility)
Responsible workers of institutions, enterprises and organizations and individual citizens who have caused grave consequences to land planning work in violation of this law shall have administrative or criminal responsibility imposed depending on the gravity.
Last updated 17 October 2020