In Official Dispatch 5786/BNNMT-QLDD, the Ministry of Agriculture and Environment provides guidance on the basis for land recovery, land allocation, land lease, and permission to change land use purposes. Specifically:
Clause 2, Article 22 of Decree 151/2025/ND-CP stipulates that commune-level administrative units after the reorganization are allowed to continue to use district-level land use planning, annual district-level land use planning or planning:
Established in accordance with the provisions of the law on urban and rural planning approved by competent State agencies in accordance with the provisions of law before July 1, 2025 in the area.
Or the land use index in the land allocation and zoning plan of the provincial planning is allocated to the commune-level administrative unit after the arrangement to serve as a basis for implementing state management tasks on land until the work of reviewing, making plans and land use plans according to the new administrative units is completed.
Thus, in case one of the above grounds is present, it will be used to carry out land recovery, land allocation, land lease, and permit change of land use purpose in the area.
In case there are no above grounds, it is recommended:
Implement the adjustment of provincial planning according to the shortened procedures and order prescribed in Article 54a of the Law on Planning (amended and supplemented in Law No. 57/2024/QH15 dated November 29, 2024).
Or implement according to Resolution No. 66.1/2025/NQ-CP dated July 18, 2025 of the Government regulating the handling of difficulties and problems in the establishment of new, adjusted and approved zoning plans for urban areas when implementing the arrangement of administrative units at all levels and local government organizations at both levels to supplement the implementation basis.
