Ms. N.T.H.N in Ho Chi Minh City reflected that Clause 6, Article 116 of the 2024 Land Law stipulates that the basis for land allocation, land lease, and permission to change land use purposes for cases not subject to investment policy approval or investor approval according to investment laws is implemented according to the Government's regulations.
Previously, Decree No. 102/2024/ND-CP specifically stated the basis for changing purposes for the above cases in Article 44.
However, currently Article 44 of Decree No. 102/2024/ND-CP has been abolished by point c, clause 4, Article 21 of Decree No. 151/2025/ND-CP.
Ms. N asked, what are the bases and regulations for resolving land use purpose conversion cases according to Clause 6, Article 116 of the 2024 Land Law?
The Ministry of Agriculture and Environment answers this question as follows:
Clause 6, Article 4 of Decree No. 226/2025/ND-CP dated August 15, 2025 of the Government amending and supplementing Article 44 after Article 43 of Decree No. 102/2024/ND-CP dated July 30, 2024 of the Government detailing the implementation of a number of articles of the Land Law stipulates:
Based on land allocation, land lease, and permission to change land use purposes for cases that are not eligible for investment policy approval, investor approval according to investment law.
Based on land allocation, land lease, and permission to change land use purposes for cases that are not eligible for investment policy approval, investor approval according to investment law is commune-level land use planning or planning established according to the provisions of urban and rural planning law that has been approved by competent authorities".
