On the Government Portal, citizens ask:
Mr. T.X. K (Hue) has a land plot for perennial crops that has been granted a Certificate.
According to Decision No. 2873/QD-UBND dated November 7, 2024 of the People's Committee of Thua Thien Hue province (old) on approving the adjustment of land use planning to 2030, vision to 2050 for Phu Vang district, the location of Mr. Khanh's land plot is shown as agricultural land/land for perennial crops.
However, according to Decision No. 2032/QD-UBND dated June 30, 2025 of Hue City People's Committee on approving the adjustment of the General Plan of Phu Da town, Phu Vang district, Hue city, planning to 2045, the area of his land plot belongs to the residential area/residential land according to the general plan of the town.
Mr. K asked, is his land being considered for land use purpose conversion to residential land or not?
Can local authorities refuse dossiers just because the district-level land use plan is showing agricultural land, while the town's general plan has been approved and then shows this area as residential land/residential area?
When there is a difference between the district-level land use plan in 2024 and the town general plan in 2025, which plan is based on the land use purpose conversion dossier of households and individuals?
The land plot does not fall into the case of having a land acquisition notice, is not disputed, does not belong to a resettlement project or another project being implemented.
The Ministry of Agriculture and Environment answers this question as follows:
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 Article 6 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 the organization of the implementation of the Land Law, stipulating:
b) Do not organize 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 national land use plans 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 June 30, 2025, the Chairman of Hue City People's Committee issued Decision No. 2032/QD-UBND approving the adjustment of the General Plan of Phu Da town, Phu Vang district, Hue City, planning to 2045.
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.
