Citizens sent questions to the Ministry of Agriculture and Environment with the content: Is the change of land use purpose without permission in accordance with the plan?
Answering this content, the Ministry of Agriculture and Environment said:
- Clause 11, Article 3 of the 2024 Land Law stipulates: "Changing land use purposes is when land users are allowed to change from one land use purpose to another according to the provisions of this Law".
- Clause 1, Article 5 of the 2024 Land Law stipulates the principles of land use as follows: "1. Correct land use purpose.
- Clause 7, Article 20 of the 2024 Land Law stipulates the content of state management of land, including: "7. Land allocation, land lease, land recovery, recognition of land use rights, land requisition, change of land use purpose.
- Clause 3, Article 121 of the 2024 Land Law stipulates: "3. The change of land use purpose that does not fall into the cases specified in Clause 1 of this Article does not require permission from a competent state agency.
- Clause 2, Article 253 of the Land Law stipulates the transition on land use planning and plans when this Law takes effect: "2. For localities that have been approved for provincial planning for the period 2021 - 2030 according to the provisions of the law on planning before the effective date of this Law, they are allowed to continue to use the land allocation and zoning plan in the provincial planning to carry out land management until the end of the planning period. The adjustment of provincial planning is implemented according to the provisions of the Planning Law No. 21/2017/QH14.
- 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 02 levels, decentralization and decentralization in the field of land has stipulated: "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 established 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 performing state management tasks on land until the work of reviewing and preparing land use plans and plans according to new administrative units is completed.
- Clause 2, Article 2 of Resolution No. 66.3/2025/NQ-CP dated September 15, 2025 of the Government on removing and handling obstacles to implement projects in the national land use planning period 2021-2030, vision to 2050 that has not been approved for adjustment, stipulates: "2. Agencies and competent persons shall base on district-level land use planning, district-level annual land use plans approved before July 1, 2025 or land use targets in the land allocation and zoning plan of provincial planning allocated to commune-level administrative units after arrangement or plans established in accordance with the law on urban and rural planning to carry out land recovery, land allocation, land lease, and permission to change land use purposes in accordance with the law on land.
Based on the above-mentioned legal regulations, it is not clearly stipulated that cases of land use purpose conversion that do not require permission from competent state agencies must be in accordance with the planning approved by competent authorities. However, in principle, land use must ensure the right purpose. It is requested that citizens, based on the above-mentioned legal regulations, contact local land management agencies for guidance and implementation in accordance with the law.
