A resident residing in Son La has 752.2m2 of annual crop land and has submitted a dossier requesting to change the land use purpose of 400m2 to residential land.
However, the Economic, Infrastructure and Urban Department of the ward had a document confirming that the dossier was not eligible for land use purpose conversion and returned the dossier.
According to the explanation of functional agencies, when comparing the urban sub-area planning map approved by the Provincial People's Committee on October 10, 2024, the location where people apply for land use purpose conversion belongs to the traffic land and sports infrastructure land planning.
This person believes that being refused land use purpose conversion is inappropriate. According to feedback, the basis for allowing land use purpose conversion in Clause 5, Article 116 of the Land Law is one of the plans, including district-level land use planning or general planning or zoning planning, not all plans listed in this regulation at the same time.
According to people, the location of their land plot is identified as residential land in some land use plans and plans such as Moc Chau urban general plan, Son La province to 2040; land use planning map according to planning phases; Moc Chau district land use plan for the period 2021-2030 and Moc Chau district land use plan for 2025.
From there, people requested to clarify whether the land plot is planned as residential land in the general plan, land use plan for 2025 but is identified as traffic land and sports infrastructure land in the zoning plan, is it allowed to change land use purpose to residential land or not. At the same time, is the Ward People's Committee's refusal of land use purpose conversion dossiers in accordance with legal regulations.
Answering this content, the Ministry of Agriculture and Environment said that Clause 5, Article 116 of the 2024 Land Law, which has been amended and supplemented at Point a, Clause 2, Article 57 of the 2024 Urban and Rural Planning 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.
According to this regulation, the basis is district-level land use planning or general planning or zoning planning according to the law on urban and rural planning that has been approved by competent authorities.
The Ministry of Agriculture and Environment also cited Clause 2, Article 22 of Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government. This regulation states that commune-level administrative units after arrangement are allowed to continue to use district-level land use plans, district-level annual land use plans or plans established according to the law on urban and rural planning that have been approved by competent state agencies before July 1, 2025 in the area.
These plans and schemes are used as a basis for performing state management tasks on land until the review and development of land use plans and schemes according to new administrative units is completed.
In addition, the Ministry of Agriculture and Environment said that point b, clause 3, Article 12 of Resolution No. 254/2025/QH15 of the National Assembly stipulates that it is not allowed to organize the development of land use plans for 5 years 2026-2030 of centrally-run cities, district-level land use plans, district-level annual land use plans, commune-level land use plans and commune-level land use plans.
According to this regulation, when organizing the adjustment of provincial planning for the period 2021-2030, with a vision to 2050, localities must determine land use targets allocated by the national land use plan and land use targets according to local needs to each commune-level administrative unit.
The Ministry of Agriculture and Environment said that the Son La Provincial People's Committee has approved the adjustment of Son La province's planning for the period 2021-2030, with a vision to 2050, and must allocate land use targets to 2030 to commune-level administrative units in the province.
This is the basis for agencies and competent persons to carry out land recovery, land allocation, land lease, and permission to change land use purposes according to the provisions of land law.
The Ministry of Agriculture and Environment requests people to contact the commune-level People's Committee where the land is located to be provided with specific information about the type of land being planned for the land plot, and at the same time to be specifically guided on whether they are eligible to convert land use purposes to residential land or not.
