Reflecting to functional agencies, a resident residing in Vinh Bao district (Hai Phong city) said that he owns 100 m2 of perennial crop land due to transfer. This land plot was granted a Certificate of Land Use Rights on November 12, 2018, with a term of use until June 30, 2064. The land plot is currently located in the residential area of the village and there is absolutely no dispute.
However, the determination of planning for the land plot is facing obstacles due to overlap between decisions of Hai Phong City People's Committee. According to Decision No. 2180/QD-UBND dated June 26, 2025, the land plot is located in the 1/2000 scale construction sub-area plan of Trung Lap Industrial Park, Vinh Bao district.
Meanwhile, according to Decision No. 2316/QD-UBND issued immediately after that on June 27, 2025 on approving the adjustment of the Land Use Plan for the period 2021-2030 of Vinh Bao district, this land plot is in the residential land plan.
Notably, Trung Lap Industrial Park has not yet had a decision approving the project policy and the land plot has not yet been announced for recovery. From this reality, people want to clarify whether the above-mentioned land plot is eligible to change the purpose from perennial crop land to residential land in rural areas or not.
Responding to this issue, the Ministry of Agriculture and Environment cited current legal regulations as the basis for resolving. According to Clause 5, Article 116 of the 2024 Land Law, the basis for allowing the conversion of land use purpose for agricultural land in residential areas to residential land for households and individuals is district-level land use planning, general planning or zoning planning approved by competent state agencies.
In addition, Clause 2, Article 22 of Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government stipulates that for commune-level administrative units after arrangement, land management will continue to use district-level land use planning or equivalent planning approved before July 1, 2025. In addition, land use targets may be based on the allocation plan of the provincial plan until the planning is completed according to the new administrative unit.
At the same time, according to point b, clause 3, Article 12 of Resolution No. 254/2025/QH15 dated December 11, 2025 of the National Assembly, localities do not organize the development of 5-year land use plans (2026-2030) at district and commune levels. When organizing the development of provincial planning adjustments for the period 2021-2030, with a vision to 2050, localities must clearly define land use targets to each commune-level administrative unit.
Currently, based on Resolution No. 254/2025/QH15 mentioned above, Hai Phong City People's Committee has approved the Adjustment of the city plan for the period 2021-2030, vision to 2050 and must allocate land use targets to 2030 for commune-level administrative units in the area.
This is the basis for agencies and competent persons to carry out land recovery, land allocation, land lease or permission to change land use purposes according to legal regulations.
On the other hand, the Government has also decentralized and delegated authority to the Provincial People's Committees to decide on the authority for management tasks, procedures, and administrative procedures on land in Article 14 and Clause 1, Article 15 of Decree No. 49/2026/ND-CP dated January 31, 2026.
Based on the above grounds, the Ministry of Agriculture and Environment requests people to contact the People's Committee where the land is located directly to be provided with official planning information. This will be the basis for determining whether the land plot is eligible for changing the purpose of use or not, and at the same time for functional agencies to consider and resolve specific dossiers in accordance with the law and assigned authority.
