One case reflects problems when the land plot simultaneously belongs to many different types of planning, leading to difficulty in determining whether it is eligible to change the land use purpose to residential land or not.
Regarding this content, the Ministry of Agriculture and Environment said that the change of land use purpose must be based on the provisions of land law and related planning.
According to the provisions of Clause 4, Article 6 of the Planning Law, urban and rural planning must ensure compliance with higher-level planning such as national, regional and provincial planning.
At the same time, Resolution No. 66. 3/2025/NQ-CP stipulates that competent authorities are allowed to base on one of the types of planning such as district-level land use planning, annual land use plans or urban and rural planning to decide on land allocation, land lease or permission to change land use purposes.
It is not mandatory to fit all planning
The Ministry of Agriculture and Environment said that the law does not require land plots to be consistent with all types of planning.
Instead, the consideration of allowing land use purpose conversion may be based on one of the approved plans in accordance with legal regulations.
Need to consider each specific case
Because each land plot can belong to many types of planning with different approval times, the assessment of conditions for changing purposes needs to be based on specific dossiers and the actual planning status.
The Ministry of Agriculture and Environment said that in case information about the timing of planning approval is not clear, central agencies do not have enough basis to draw specific conclusions.
This agency recommends that people contact local land management agencies to check dossiers, determine applicable planning and guide procedures in accordance with legal regulations.
The change of land use purpose is only considered when it is in accordance with planning and meets the conditions according to current regulations.
