Mr. B.M.H in Thai Nguyen reflected that he has 1 rice land plot in accordance with the old district-level land use plan, not in accordance with the general plan of the town (before the merger) under the district.
On September 5, 2025, Mr. H submitted a application to change the purpose to residential land in rural areas.
The Commune People's Committee has appraised and returned his dossier with the reason: His land plot is in accordance with the residential land use plan in the district land use plan approved by the Provincial People's Committee in 2023 but not in accordance with the general town plan (old), approved in 2022 (the location requesting conversion to residential land in the district land use plan is planned as residential land in rural areas, the general plan for the location requesting conversion is commercial service land). The land plot does not meet the current types of planning of the commune.
Mr. H asked, in case your land plot is only suitable for district-level land use planning but not suitable for the old planning of the town before the merger, is the land plot eligible for land use purpose conversion?
Because in the provisions of the Land Law, only one of the three types of planning is appropriately regulated.
The Ministry of Agriculture and Environment answers this question as follows:
Clause 5, Article 116 of the Land Law stipulates:
The basis for allowing the conversion of agricultural land use purposes in residential areas, agricultural land in the same residential land plot 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 sub-area planning according to the provisions of urban planning law approved by competent authorities.
Thus, the basis for allowing land use purpose conversion according to the provisions of Clause 5, Article 116 of the Land Law mentioned above is one of the plans (district-level land use plan or general plan or zoning plan), not all plans listed in Clause 5, Article 116 of the Land Law.
The content of your reflection is a specific case, under the authority and responsibility of the locality to resolve. Please contact the functional agency on land management in the locality for consideration and resolution according to the authority stipulated in 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, and decentralization in the field of land.
