Mr. L.Q. A. D in Khanh Hoa reflected: according to the provisions of Article 44 of Decree No. 102/2024/ND-CP dated July 30, 2024 (amended and supplemented in Clause 6, Article 4 of Decree No. 226/2025/ND-CP dated August 15, 2025 of the Government stipulates:
Based on land allocation, land lease, and permission to change land use purposes for cases not subject to investment policy approval, investor approval according to investment law.
The basis for land allocation, land lease, and permission to change land use purposes for cases not subject to investment policy approval, investor approval according to investment law is commune-level land use planning or planning established according to the provisions of urban and rural planning law approved by competent authorities.
According to the provisions of urban and rural planning law, there are 3 levels of planning: general planning, zoning planning, detailed planning, and according to the provisions of urban and rural planning law, no specific level of planning is specified to be used to allow land use purpose conversion.
To have a basis for implementation, Mr. L.Q. A. D requested competent authorities to clearly guide the application of urban and rural planning levels in resolving land use purpose conversion dossiers.
The Ministry of Agriculture and Environment answers this question as follows:
Clause 5, Article 116 of the 2024 Land Law stipulates the basis for land allocation, land lease, and permission to change land use purposes:
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.
Clause 6, Article 4 of Decree No. 226/2025/ND-CP of the Government stipulating the amendment and supplementation of Article 50 of Decree No. 102/2024/ND-CP has stipulated:
The order and procedures for approving the conversion of land use purposes for rice land, special-use forest land, protection forest land, and production forest land to other purposes are specified in Clause 1, Article 122 of the Land Law:
Agencies with commune-level land management functions are responsible for summarizing needs and compiling a list of projects that must change the land use purpose of rice land, special-use forest land, protection forest land and production forest land to implement investment projects in the area, except for cases specified in Clause 4, Article 67 of the Land Law.
Commune-level People's Committees submit to provincial-level People's Committees for approval the list of projects that must change land use purposes with areas of rice land, special-use forest land, protection forest land, and production forest land.
The Provincial People's Committee has a document approving the list of projects that must change land use purposes with areas of rice land, special-use forest land, protection forest land, and production forest land.
For cases of changing the land use purpose of rice land, special-use forest land, protection forest land and production forest land to other purposes without having to prepare an investment project according to the provisions of the law on investment, procedures specified in Clauses 1, 2 and 3 of this Article are not required.
Therefore, the change of land use purpose is based on the above regulations for consideration and decision. The Ministry of Agriculture and Environment would like to inform you and study and implement it.
