A case reflecting problems related to the change of land use purpose for perennial crop land area under commercial and service land planning.
People are concerned whether it is necessary to register in the annual land use plan when submitting applications for land use purpose conversion, and whether the review of dossiers must be based on the land use plan.
Regarding this content, the Department of Land Administration, Ministry of Agriculture and Environment said that when land users submit applications to change land use purposes, they are not subject to annual land use plan registration. This agency also noted regulations on commune-level land use plans that have expired according to Decree No. 49/2026/ND-CP.
The Department of Land Administration cited the provisions in point b, clause 3, Article 12 of Resolution No. 254/2025/QH15 of the National Assembly, according to which it does not organize the development of 5-year land use plans for the 2026-2030 period of centrally-run cities, district-level land use plans, district-level annual land use plans, as well as commune-level land use plans and plans. Localities when adjusting provincial planning must determine land use targets to each commune-level administrative unit.
From these regulations, the Department of Land Administration said that submitting applications for land use purpose conversion is not a case that must be registered in the annual district-level land use plan.
However, allowing land use purpose conversion still needs to have a legal basis. According to Clause 2, Article 22 of Decree No. 151/2025/ND-CP, commune-level administrative units after arrangement continue to use district-level land use planning, district-level annual land use plan or urban and rural planning approved before July 1, 2025, or land use targets in the land allocation and zoning plan of provincial planning, to serve as a basis for implementing state management tasks on land.
In addition, Clause 2, Article 2 of Resolution No. 66. 3/2025/NQ-CP of the Government also stipulates that competent agencies are allowed to base on district-level land use planning, district-level annual land use plans approved before July 1, 2025, or land use targets in provincial planning allocated to commune-level administrative units after arrangement, or urban and rural planning to carry out land recovery, land allocation, land lease and permit land use purpose conversion.
Thus, people do not have to register annual land use plans when submitting applications for land use purpose conversion, but the settlement of dossiers must still be based on land use planning, land use plans or land use targets that are still valid according to regulations.
The Department of Land Administration, Ministry of Agriculture and Environment requests people to contact the locality where the land is located to be guided and resolved according to their authority and in accordance with legal regulations.
