On the Government Electronic Information Portal, citizens asked: Mr. P.V. N (Khanh Hoa) has 672.6 m2 of CLN land. According to Decision No. 1564/QD-UBND dated June 10, 2025 of Khanh Hoa Provincial People's Committee on approving the Adjustment of Land Use Plan to 2030 and the Land Use Plan for the first year of adjusting the land use plan of Dien Khanh district (old), Mr. N's land plot has 22.4 m2 planned for traffic land, the rest belongs to the residential land plan in urban areas.
Mr. N submitted a dossier requesting to change the land use purpose of 650.2 m2 of CLN land to residential land, but the Commune People's Committee refused the dossier on the grounds that, according to Decision No. 709/QD-UBND dated March 5, 2026 of Khanh Hoa Provincial People's Committee approving the zoning plan (ratio 1/2. 000) of Nha Trang West Urban Area (sub-zones 2, 3 and 2, 4), Khanh Hoa province, the land plot belongs to the traffic plan and the high-tech urban area. His land plot is in accordance with the land use plan but not in accordance with the zoning plan at a scale of 1/2000.
Mr. N asked if the Commune People's Committee had properly applied the provisions of law when handling the dossier? Does your dossier need to meet any regulations on planning to change purposes or not?
The Ministry of Agriculture and Environment answers this question as follows:
According to the provisions of Clause 5, Article 116 of the Land Law, agencies and competent persons shall base on 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 to consider and decide to allow the conversion of agricultural land use purpose 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.
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 during the National Land Use Plan for the period 2021-2030, vision to 2050, which has not been approved, adjusts regulations on measures to organize the implementation of land use planning and plans after arranging provincial and commune-level administrative units:
1. Based on the Provincial Plan for the period 2021-2030, vision to 2050 approved before July 1, 2025, the People's Committees of provinces and cities allocate land use targets to commune-level administrative units after arrangement to carry out land management work in localities without being bound by national land use planning and plans targets that have been allocated according to Resolution No. 39/2021/QH15 dated November 13, 2021 of the National Assembly on National Land Use Plan for the period 2021-2030, vision to 2050, and 5-year national land use plan (2021-2025).
2. Agencies and competent persons shall base on the district-level land use plan, the annual district-level land use plan approved before July 1, 2025, or land use targets in the land allocation and zoning plan of the provincial plan 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.
Clauses 3 and 4 of Article 58 of the Law on Promulgation of Legal Documents in 2025 stipulate the application of legal documents:
3. In case legal documents have different regulations on the same issue, apply documents with higher legal validity.
4. In case legal documents issued by the same agency have different regulations on the same issue, the regulations of the legal document issued later shall be applied.
Based on the above regulations, the responsibility for reviewing the conformity with the plan belongs to the authority of the commune-level People's Committee for the commune-level plan.
This is a specific case, please have documents and records, accompanying documents to send to the land management agency in the locality for guidance and resolution according to their authority and legal regulations.
