Pursuant to Clause 4, Article 76 of the 2024 Land Law, it is stipulated as follows: In case the land use planning has been publicly announced but there is no annual district-level land use plan, the land user may continue to use the land and exercise the rights of a land user in accordance with the provisions of this Law.
At the same time, Clause 6, Article 76 of the 2024 Land Law stipulates: For land areas that must be recovered or have their land use purposes changed in the annual district-level land use plan or must be recovered or have their land use purposes changed as prescribed in Clause 4, Article 67 of this Law, land users may continue to exercise the rights of land users but may not build new houses or works or plant new perennial trees; land users may build under a construction permit with a term, renovate or repair existing houses or works in accordance with the provisions of the law on construction and relevant laws.
Accordingly, land under planning has the following two cases:
1. There is no annual land use plan at the district level: Land users can continue to use and exercise land user rights such as transfer, donation, and inheritance.
2. There is an annual land use plan at the district level: Land users in areas that must change land use purposes and have land recovered according to the plan may continue to exercise the rights of land users but may not build new houses, works, or plant new perennial trees.
Thus, it is not uncommon for the entire land plot or part of the land plot to be under planning, and in some cases, land users do not know that their land is under planning. However, when land is under planning, it can still be transferred.
Although the rights of land users can continue to be exercised, when there is a decision to reclaim the land, it will be reclaimed (not registered for name change).
Note:
- When submitting a registration application for name change, if the agency receiving the application refuses to perform the application, the land user has the right to request the application receiving department to respond in writing with the reason for the refusal.
- To see if the land is in the planning or not, people can do one of the following:
+ View land use planning directly at the headquarters of the People's Committee at district and commune levels.
+ View on the electronic information portal of the District People's Committee.
+ Ask the commune-level land officials or people in the area where the land plot is located for more information.
+ Please contact the Land Registry Office for information.
