Citizen sent a question to the Ministry of Agriculture and Environment with the content: My family has a 900m2 rice land plot with a certificate. Now I am submitting a dossier requesting to convert the purpose to residential land, the land plot is in accordance with residential land planning, and meets the conditions for conversion of purpose. However, when submitting the dossier, the Ward People's Committee requested to make an additional preliminary environmental assessment. I would like to ask if households have to do environmental work or only projects do environmental work. Does the Quang Tri Provincial People's Committee have a Decision to make a preliminary environmental assessment, are there regulations for households or only projects?
The Ministry of Agriculture and Environment has the following opinions:
- Clause 1, Article 14 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 stipulates: "1. Provincial People's Committees have the authority to decide on land recovery, compensation, support, resettlement, land allocation, land lease, permission to change land use purposes, adjust land use term, extension of land use, change of form of land use, recognition of land use rights, approval of agreement on receiving land use rights to implement projects, approval and approval of land use plans.
- Clause 1, Article 15 of Decree No. 49/2026/ND-CP stipulates: "1. Provincial People's Committees shall stipulate the order and administrative procedures for land to implement the cases specified in Article 14 of this Decree no later than July 1, 2026, ensuring the reduction and simplification of administrative procedures according to regulations; in which clearly stipulates the responsibilities of agencies and competent persons in the steps of implementing the order and procedures, the maximum time to implement the order and procedures, the components of dossiers to be submitted, including documents proving that subjects are exempted or reduced financial obligations (if any), and the forms for implementing procedures must specify information to determine financial obligations for land. While regulations on procedures and administrative procedures for land specified in this clause have not been issued, the Provincial People's Committee shall decide on the application of procedures and administrative procedures for land according to the provisions of law before the effective date of this Decree or decide on procedures and administrative procedures for land for each specific case.
Based on the above legal regulations, from the date the Decree No. 49/2026/ND-CP takes effect, the authority to permit the change of land use purpose has been assigned to the Provincial People's Committee and allows decentralization and authorization according to the provisions of the law on local government organization, and at the same time stipulates the order and administrative procedures for land. In case the Provincial People's Committee decides on the application of the order and administrative procedures for land according to the provisions of point I, Part III of the Appendix attached to Decree No. 151/2025/ND-CP dated June 12, 2026 of the Government, the components of the dossier requesting land use purpose change do not require environmental impact assessment.
It is requested that citizens contact the local land management agency for detailed guidance according to their authority and legal regulations.
