On the Ministry of Agriculture and Environment's Information Portal, citizens in Hue wondered:
My land plot currently in use has an area of 350m2, the purpose of use is perennial crop land (belonging to the agricultural land group), there are 3 types of planning being applied.
(1) The general urban plan of Thua Thien Hue to 2045, vision to 2065 has been approved by the Prime Minister in Decision No. 108/QD-TTg dated January 26, 2024: the entire land plot is residential unit land.
(2) General construction plan of Binh Thanh commune, Huong Tra town to 2040 approved by Huong Tra town People's Committee in Decision 1960/QD-UBND dated December 29, 2022: the entire land plot is land for perennial crops.
(3) Adjusting the land use plan to 2030, vision to 2050 for Huong Tra town, Thua Thien Hue province, which was approved by the Provincial People's Committee in Decision No. 3283/QD-UBND dated December 20, 2024: the entire land plot is land for perennial crops.
May I ask, in this case, is my land plot in accordance with the General Urban Plan of Thua Thien Hue to 2045, vision 2065 approved by the Prime Minister in Decision No. 108/QD-TTg dated January 26, 2024, which is residential unit land (the highest plan), based on Clause 5, Article 116 of the Land Law, is it allowed to be converted from perennial crop land to residential land?
The Ministry of Agriculture and Environment has the following opinions:
Clause 5, Article 116 of the Land Law stipulates:
“5. 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”.
Clauses 7, 8 and 9 of the Planning Law stipulate the principle of determining that planning must be adjusted and planning must be implemented when there is a contradiction between plans as follows:
“7. In case provincial planning and sectoral detailed planning have contradictory contents, it shall be implemented as follows:
a) In case provincial planning and sectoral detailed planning have conflicting contents with each other, except for the cases specified in point b of this clause, the agency organizing the development of sectoral detailed planning shall preside over and coordinate with the provincial planning organization agency to consider and agree that the plan must be adjusted and the plan must be implemented; if the agency organizing the development of sectoral detailed planning and the provincial planning organization agency do not reach a consensus, the Prime Minister shall consider and decide that the plan must be adjusted and the plan must be implemented;
b) In case the provincial land use plan, the plan for preservation, restoration, and restoration of relics, and the archaeological plan contradict the provincial plan, the provincial land use plan, the plan for preservation, restoration, and restoration of relics, and the archaeological plan must be adjusted and implemented according to the provincial plan.
8. In case urban and rural planning contradicts provincial planning, urban and rural planning must be adjusted and implemented according to provincial planning.
9. Handling in cases where urban and rural planning contradicts each other shall be carried out in accordance with the law on urban and rural planning.
Point b, Clause 3, Article 12 of Resolution No. 254/2025/QH15 dated December 11, 2025 of the National Assembly stipulates a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law, stipulating: "b) Not organizing the development of 5-year land use plans (2026 - 2030) of centrally-run cities, district-level land use plans, district-level annual land use plans, commune-level land use plans, commune-level land use plans. Localities when organizing the development of provincial planning adjustments for the period 2021 - 2030, vision to 2050 must determine land use targets allocated by the national land use plan and land use targets according to local land use needs to each commune-level administrative unit".
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 during the National Land Use Plan for the period 2021 - 2030, vision to 2050, which has not been approved for adjustment, stipulates:
2. 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 in accordance with the law on land.
On February 28, 2026, the Chairman of Hue City People's Committee issued Decision No. 756/QD-UBND approving the Adjustment of Hue City Planning for the period 2021-2030, vision to 2050, which includes the Plan for allocation and zoning of land use targets of Hue City for the period 2021 - 2030, vision to 2050.
Based on the provisions of land law and planning law, agencies and competent persons authorizing the change of land use purpose are based on the type of planning according to the planning system order, in case the plans are contradictory, based on the actual situation of the locality, the competent person decides on the planning to be used according to the provisions of the law on planning.
