On September 15, the Government issued Resolution No. 66.3/2025/NQ-CP on removing and handling obstacles to implement projects during the National Land Use Plan for the period 2021-2030, with a vision to 2050, which has not been approved for adjustment.
The Resolution requires the People's Committees of provinces and cities to allocate land use targets to commune-level administrative units after the arrangement to carry out land management work in localities without being bound by the allocated national planning targets and land use plans.
The Resolution stipulates how to handle cases of land use that conflict with the planning or are not in accordance with the approved planning.
First is the case where when implementing a project, it has been identified in the national sector planning, in accordance with the planning, land use plan or planning established under the law on urban and rural planning, but there are overlapping conflicts with other sector planning.
Accordingly, competent agencies and individuals shall base on planning, land use plans or plans established in accordance with the law on urban and rural planning to carry out procedures for land recovery, land allocation, land lease, and permission to change land use purposes according to the provisions of the law on land.
In cases where land must be reclaimed to perform national defense and security tasks but not included in the national defense land use planning and security land use planning, the Minister of National Defense and the Minister of Public Security shall send a document to collect the opinion of the People's Committee of the province where the land is located.
On the basis of the consensus of the People's Committee of the province where the land is located, the competent authority and person shall carry out land recovery, land allocation and land lease in accordance with the provisions of law.
In case the People's Committee of the province where the land is located is not in agreement, the Minister of National Defense and the Minister of Public Security shall report to the Prime Minister for consideration and decision.
In case it is necessary to reclaim national defense land, security land, and assets attached to land to transfer to localities to implement socio-economic development projects for national and public interests, but the area of land expected to be reclaimed has not been determined in the national defense land use planning, security land use planning as land transferred to localities, the People's Committee of the province where the land is reclaimed shall consult the Minister of National Defense for national defense land and the Minister of Public Security for security land.
On the basis of the consensus of the Minister of National Defense and the Minister of Public Security, competent agencies and individuals shall carry out land recovery, land allocation and land lease in accordance with the provisions of law.
In case the Minister of National Defense and the Minister of Public Security do not agree, the provincial People's Committee shall report to the Prime Minister for consideration and decision.
The People's Committee of the province where the land is recovered is responsible for the accuracy of the information to ensure it is included in the land use planning approved before August 1, 2024.
