On the Government Information Portal, Mr. L.Q.A in Khanh Hoa asked whether people and businesses that need to change land use purposes and invest in projects right in long-term planning areas are allowed or not?
If not allowed, how is planning management in long-term planning areas?
The Ministry of Construction responds to this issue as follows:
The 2024 Law on Urban and Rural Planning, effective from July 1, 2025, stipulates principles, contents, authority and responsibility in urban and rural planning.
Article 1 of the Law clearly stipulates the scope of regulation, accordingly, this Law adjusts the activities of establishing, appraising, approving, organizing the implementation and management of urban and rural planning.
The law requires planning projects to demonstrate the current status and orientation for short-term and long-term development, including the allocation of land use functions.
On that basis, Circular No. 16/2025/TT-BXD dated June 30, 2025 of the Minister of Construction was issued to specify and guide the implementation of a number of articles of the Law, emphasizing the requirement that planning projects must classify land use into stages: current status, short term and long term.
Thus, both the Law and the Circular only regulate the issue of planning and management, not directly regulating the change of land use purpose or approving investment projects.
Regarding the issue of changing land use purposes and investing in projects right in the long-term planning area, relevant regulations are subject to the provisions of the Land Law, the Investment Law, and the Real Estate Business Law.
Therefore, to ensure his rights and comply with regulations, he needs to fully study the above legal regulations and contact the Department of Agriculture and Environment, the Department of Finance, the Department of Construction or the Provincial People's Committee for specific instructions according to his authority.
