Land is subject to multiple planning regulations; what is the basis for changing its land use purpose?

VTV.vn - Mr. Luong Van Thuong (Son La) owns 752.2 m2 of land for annual crop cultivation. He has submitted an application to change the land use purpose of 400 m2 to residential land.

The Department of Economy , Infrastructure and Urban Planning of the ward sent a document stating that the application for land use conversion did not meet the requirements and returned the application to Mr. Thuong. According to the explanation, based on the urban zoning plan approved by the Provincial People's Committee on October 10, 2024, the location Mr. Thuong requested to convert falls under the land use plan for transportation and sports infrastructure.

Mr. Thuong argued that his request to change the land use purpose was incorrect, because the basis for allowing the change of land use purpose, as stipulated in Clause 5, Article 116 of the Land Law, is one of the planning documents (district-level land use plan, general plan, or zoning plan), not all of the planning documents listed in Clause 5, Article 116 of the Land Law.

His land plot is zoned as residential land in the following land use plans and schemes: Moc Chau Urban Master Plan, Son La Province until 2040, land use planning maps according to planning stages, Moc Chau District Land Use Plan for the period 2021-2030, and Moc Chau District Land Use Plan for 2025.

Mr. Thuong asked whether a plot of land, which is zoned as residential land in the general land use plan and the 2025 land use plan, but is also zoned as transportation land and sports infrastructure land in the zoning plan, is permitted to have its land use purpose changed. He also asked whether the ward People's Committee's refusal to change the land use purpose to residential land is in accordance with the law.

The Ministry of Agriculture and Environment responded to this issue as follows:

Clause 5 of Article 116 of the 2024 Land Law (as amended and supplemented by point a, clause 2, Article 57 of the 2024 Urban and Rural Planning Law) stipulates:

"5. The basis for permitting the conversion of agricultural land in residential areas, agricultural land within the same plot containing residential land to residential land, or the conversion of non-agricultural land other than residential land to residential land for households and individuals is the district-level land use plan or general plan or zoning plan as prescribed by law on urban and rural planning that has been approved by the competent authority."

Clause 2, Article 22 of Government Decree No. 151/2025/ND-CP dated June 12, 2025, regulating the delineation of authority of local governments at two levels, and the delegation and decentralization of power in the field of land, stipulates:

"2. The commune-level administrative units after reorganization shall continue to use the district-level land use plan, the district-level annual land use plan, or the plan prepared in accordance with the law on urban and rural planning that has been approved by competent state agencies in accordance with the law before July 1, 2025, within their area, or the land use targets in the land allocation and zoning plan of the provincial plan allocated to the commune-level administrative units after reorganization, as a basis for carrying out state management tasks on land until the completion of the review and preparation of land use plans and schemes according to the new administrative units."

Point b, Clause 3, Article 12 of Resolution No. 254/2025/QH15 dated December 11, 2025, of the National Assembly, which stipulates a number of mechanisms and policies to remove difficulties and obstacles in the organization and implementation of the Land Law, states:

"b) There will be no organization of 5-year land use planning (2026-2030) for centrally-administered cities, district-level land use planning, district-level annual land use plans, commune-level land use planning, or commune-level land use plans. When localities organize the adjustment of provincial planning for the period 2021-2030, with a vision to 2050, they must determine land use targets allocated by the national land use plan and land use targets based on the local land use needs down to each commune-level administrative unit."

Currently, based on the provisions of point b, clause 3, Article 12 of Resolution No. 254/2025/QH15, the People's Committee of Son La province has approved the adjustment of the Son La province planning for the period 2021-2030, with a vision to 2050, and must allocate land use targets until 2030 to commune-level administrative units in the province. This serves as the basis for competent agencies and individuals to carry out land acquisition, land allocation, land leasing, and permission for land use purpose conversion in accordance with the law on land.

We suggest you contact the People's Committee of the commune where the land is located to obtain specific information about the land type currently being planned and to receive specific guidance on whether you are eligible to convert the land use purpose to residential land.

Source: https://vtv.vn/dat-thuoc-nhieu-quy-hoach-can-cu-nao-de-chuyen-muc-dich-su-dung-100260531140544314.htm