On the Government Information Portal, Mr. L.V.B in Lang Son reported that during his professional duties, he encountered some problems as follows:
The investment project for wind power and waste-to-energy plants is subject to land acquisition according to Article 79 of the Land Law. Through research on the implementation process, the land area is allocated or leased to the investor after site clearance is prescribed in Articles 119 and 120 of the Land Law and does not carry out procedures for changing land use purposes according to Article 121 of the Land Law.
Thus, projects bidding for land use (must meet the conditions for state land recovery) do not change land use purposes.
The determination of cases of land use purpose conversion is carried out in accordance with Clause 1, Article 121 of the Land Law. At the same time, the conversion of land use purposes must be carried out in accordance with Article 124 of the Land Law (specifically stipulated in Clause 4, Article 121 of the Land Law).
According to the provisions of Article 124 of the Land Law, it applies to cases of land allocation and lease without auctioning land use rights, not bidding to select investors to implement projects using land, and to wind power projects implementing land allocation and lease through bidding to select investors using land according to Article 126 of the Land Law.
From the above regulations, the change of land use purpose will not apply simultaneously to projects bidding to select investors using land and, based on the provisions of Point a, Clause 1, Article 32 of the Law on Investment, wind power projects will not have to carry out procedures for approving investment policies before organizing the selection of investors.
Mr. B suggested that the competent authority give guidance: In the case of land recovery under Article 79 of the Land Law (recovering from existing land such as residential land, land for perennial crops, land for annual crops...) to lease to investors to implement investment projects for wind power and waste-to-energy plants, do they have to carry out procedures for changing land use purposes according to land law?
Regarding the conditions for preparing interest invitation documents and bidding documents, based on the provisions of Point b, Clause 3 and Clause 4, Article 126 of the Land Law, the conditions for bidding to select investors using land according to regulations must have a detailed plan or a 1/2000 scale zoning plan approved by competent authorities.
For the content of the basis for approving interested bidding documents, the bidding documents are also according to the provisions of Point b, Clause 1, Article 13 of Decree No. 115/2024/ND-CP, requiring a detailed plan or a 1/2000 scale zoning plan approved by the competent authority.
Mr. B asked whether wind power and waste-to-energy plant projects must approve detailed planning projects or 1/2000 scale zoning plans before organizing bidding according to the provisions of Clause 4, Article 126 of the Land Law?
The Ministry of Agriculture and Environment responds to this issue as follows:
Regarding the first question, in case the land has been reclaimed under Article 79 of the Land Law for investors leased to implement investment projects for wind power and waste-to-energy plants, they do not have to carry out procedures for changing the land use purpose because the decision clearly states that the type of land for project implementation is energy construction land.
Regarding the second question, on August 15, 2025, the Government issued Decree No. 226/2025/ND-CP amending and supplementing a number of articles of the decrees detailing the implementation of the Land Law.
In which, Clause 11, Article 4 (supplementing Clause 3, Article 57 of Decree No. 102/2024/ND-CP) stipulates:
"The regulations on conditions for having a detailed plan or having a 1/2000 scale zoning plan approved by a competent authority to bid to select investors to implement investment projects using land in Point b, Clause 3, Article 126 of the Land Law only apply to cases where the State allocates land with land use fees or leases land to collect land rent at one time for the entire lease term to implement investment projects to build urban areas and rural residential areas".
