According to the Government Electronic Information Portal, a citizen in Hue City said that a land plot for perennial crops has been granted a Certificate of Land Use Rights.
According to Decision No. 2873/QD-UBND dated November 7, 2024 of the People's Committee of Thua Thien Hue province (old) on approving the adjustment of land use planning to 2030, vision to 2050 for Phu Vang district, the location of the land plot is identified as agricultural land, perennial crop land.
However, according to Decision No. 2032/QD-UBND dated June 30, 2025 of Hue City People's Committee on approving the adjustment of the General Plan of Phu Da town, Phu Vang district, Hue City, planning to 2045, the land plot area is in the residential area, residential land according to the general plan of the town.
This citizen raised the question, in case the district-level land use plan shows that it is agricultural land, but the town's general plan approved later determines that the area is residential land, is the local agency allowed to refuse the application for land use purpose conversion or not?
The Ministry of Agriculture and Environment responds to this reflection as follows:
Base for changing land use purposes
The Ministry of Agriculture and Environment said that Clause 5, Article 116 of the Land Law stipulates the basis for allowing the conversion of agricultural land use purposes 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 is district-level land use planning or general planning or zoning planning according to the provisions of urban planning law approved by competent authorities.
In addition, the Planning Law stipulates the principle of handling when there is a contradiction between plans.
According to Clauses 7, 8 and 9, Article 6 of the Planning Law, in case the plans have contradictory contents, the competent authority shall consider and agree that the plans must be adjusted and the plans must be implemented.
In case urban and rural planning contradicts provincial planning, it shall be implemented according to provincial planning. Handling when urban and rural planning contradicts each other shall be carried out in accordance with the law on urban and rural planning.
Implemented according to the planning system
The Ministry of Agriculture and Environment also cited Clause 2, 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 in the period of the National Land Use Plan for the period 2021 - 2030, vision to 2050 that has not been approved for adjustment.
Accordingly, 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 according to regulations.
The Ministry of Agriculture and Environment said that on June 30, 2026, the Chairman of Hue City People's Committee issued Decision No. 2032/QD-UBND approving the adjustment of the General Plan of Phu Da town, Phu Vang district, Hue City, planning to 2045.
Based on the provisions of land law and planning law, agencies and competent persons authorize the change of land use purpose based on the type of planning in the order of the planning system.
In case the plans are contradictory, the selection of plans to be used as a basis for implementation must be based on the actual situation of the locality and be considered by the agency or person with the authority to decide on planning in accordance with the law on planning.
