On the Government Portal, citizens asked: Ms. D. T. H received the transfer of 100 m2 of land for perennial crops, was granted a Certificate on November 12, 2018, with a term of use until June 30, 2064. The land plot is located in a residential area of the village, without dispute.
According to Decision No. 2180/QD-UBND dated June 26, 2025 of Hai Phong City People's Committee, Ms. H's land plot is located in the 1/2000 scale construction sub-area plan of Trung Lap Industrial Park, Vinh Bao district (old)
According to Decision No. 2316/QD-UBND dated June 27, 2025 of Hai Phong City People's Committee approving the adjustment of the Land Use Plan for the period 2021-2030 of Vinh Bao district (old), her land plot is located in the residential land plan.
Trung Lap Industrial Park currently does not have a decision approving the project policy, and Ms. H's land plot has not had a land acquisition notice.
Ms. H asked, in this case, is her land plot allowed to change the purpose from perennial crop land to residential land in rural areas?
The Ministry of Agriculture and Environment answers this question as follows:
Clause 5, Article 116 of the 2024 Land Law stipulates:
5. The basis for allowing the conversion of agricultural land use purposes in residential areas, agricultural land in the same land plot with residential land to residential land or conversion of non-agricultural land types that are not residential land to residential land for households and individuals is district-level land use planning or general planning or zoning planning according to the provisions of law on urban and rural planning approved by competent authorities".
Clause 2, Article 22 of Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government stipulating the decentralization of authority of local authorities at 2 levels, decentralization of power and decentralization in the field of land stipulates:
2. Commune-level administrative units after arrangement are allowed to continue to use district-level land use plans, district-level annual land use plans or plans prepared according to the provisions of law on urban and rural planning that have been approved by competent state agencies according to the provisions of law before July 1, 2025 in the area or land use targets in the land allocation and zoning plan of provincial planning allocated to commune-level administrative units after arrangement to serve as a basis for implementing state management tasks on land until the completion of review and planning, land use plans according to new administrative units".
Point b, Clause 3, Article 12 of Resolution No. 254/2025/QH15 dated December 11, 2025 of the National Assembly stipulates a number of mechanisms and policies to remove difficulties and obstacles in the organization of the implementation of the Land Law, stipulating:
b) Do not organize the preparation of 5-year land use plans (2026-2030) of centrally-run cities, district-level land use plans, district-level annual land use plans, commune-level land use plans, commune-level land use plans. Localities when organizing the preparation of provincial planning adjustments for the period 2021-2030, vision to 2050 must determine land use targets allocated by national land use plans and land use targets according to local land use needs to each commune-level administrative unit".
Currently, based on the provisions of point b, clause 3, Article 12 of Resolution No. 254/2025/QH15, Hai Phong City People's Committee has approved the Adjustment of Hai Phong City Planning for the period 2021-2030, vision to 2050 and must allocate land use targets to 2030 for commune-level administrative units in the province, which is the basis for agencies and competent people to base on to carry out land recovery, land allocation, land lease, and permission to change land use purposes according to the provisions of land law.
The Government has decentralized and delegated authority to provincial-level People's Committees to decide on authority over state management tasks on land and regulations on procedures and administrative procedures on land in Article 14 and Clause 1, Article 15 of Decree No. 49/2026/ND-CP dated January 31, 2026 of the Government detailing and guiding a number of articles of Resolution No. 254/2025/QH15 of the National Assembly stipulating a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law.
It is requested that you contact the People's Committee where the land is located to know the planning information related to the land plot as a basis for determining that there are sufficient conditions to change the land use purpose and to be considered and resolved specific cases according to their authority and legal regulations.
