On the Government Portal, citizens ask:
Mr. N.T. N. T's company was granted an Investment Certificate by the Provincial People's Committee for a 3-star restaurant and hotel construction project; land lease contract was signed, land lease form: annual payment, land lease purpose: building a 3-star restaurant and hotel.
Due to ineffective business operations, Mr. T's company intends to shift its business direction to building a commercial center. He studied the provisions of Clause 1, Article 121 of the 2024 Land Law and found that changing land use purposes from land for restaurant and hotel business to land for commercial centers all belong to the group of commercial service land, without having to apply for permission from competent authorities.
He asked, what procedures do you need to do, which agency should you contact to register to change the land use purpose to become a commercial center?
The Ministry of Agriculture and Environment answers this question as follows:
The content you asked relates to the change of investment objectives (from building 3-star restaurants and hotels to commercial centers) that must be reported to competent authorities according to the provisions of investment law, then it is proposed to seek opinions from financial management agencies.
In case the investment objective is changed, he shall continue to carry out procedures to adjust the Land Lease Decision according to the provisions of Clause 1, Article 44a 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, supplemented in Clause 4, Article 13 of Decree No. 49/2026/ND-CP dated January 31, 2026 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.
Regarding the authority, order, and procedures for adjusting land lease decisions, the Government has decentralized to provincial-level People's Committees to decide in Article 14, Clause 1, Article 15 of Decree No. 49/2026/ND-CP.
Please contact the functional agency in the locality for resolution according to their authority and legal regulations.
