On the Government Portal, citizens asked: Mr. L.Q. B is completing procedures to apply for land use purpose conversion. During the procedure process, he learned that the land area is within the scope of the general urban plan until 2045, which is oriented as traffic land.
However, at the time he submitted the dossier and was in the process of resolving procedures for changing land use purposes, the implementation of this plan had not actually been carried out, there was no notice of land recovery or decision to recover land.
He asked if he could continue to carry out procedures for changing land use purposes or not?
The Ministry of Agriculture and Environment answers:
Clause 4, Article 76 of the Land Law stipulates:
4. In case the land use plan has been publicly announced but there is no annual district-level land use plan, land users are allowed to continue to use and exercise the rights of land users according to the provisions of this Law".
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 law on urban and rural planning approved by competent authorities".
Based on Clause 2, Article 22 of Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government stipulating the decentralization of authority of local authorities at 02 levels, decentralization of power in the field of land:
2. Commune-level administrative units after arrangement are allowed to continue to use district-level land use plans, district-level annual land use plans or plans prepared according to the provisions of law on urban and rural planning that have been approved by competent state agencies according to the provisions of law before July 1, 2025 in the area or land use targets in the land allocation and zoning plan of provincial planning allocated to commune-level administrative units after arrangement to serve as a basis for implementing state management tasks on land until the completion of review and planning, land use plans according to new administrative units".
Based on 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 in the period of the National Land Use Plan for the period 2021-2030, vision to 2050 that has not been approved for adjustment:
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.
During the time before implementing the General Plan (the General Plan has been approved in Decision No. 1122/QD-TTg dated June 11, 2025 of the Prime Minister), he continues to use the land plot for the purpose that has been recognized and is entitled to exercise the rights of land users as prescribed in Clause 4, Article 76 of the Land Law. According to the provisions of land law, the basis for changing land use purposes, the Ministry of Agriculture and Environment has clearly stated above.
To affirm and clearly answer whether his land plot was converted for purposes or not, it is necessary to check the location of the land plot compared to the land use plan, annual land use plan of the old district or urban and rural planning of the locality that was approved before July 1, 2025; this is the responsibility of the local land management agency to inspect, review and affirm whether the land plot is suitable or not suitable for the annual land use plan or urban and rural planning of the old district that has been approved. Therefore, the Ministry of Agriculture and Environment has no basis to specifically affirm whether or not the land use purpose is converted.
Please come to the Commune People's Committee for timely resolution according to the provisions of law, without affecting the rights of citizens.
