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The change of land use purpose is based on the provisions of Clause 5, Article 116 of the Land Law 2024, Clause 6, Article 4 of Decree No. 226/2025/ND-CP for consideration and decision. According to the provisions of Article 44 of Decree No. 102/2024/ND-CP dated July 30, 2024 (amended and supplemented in Clause 6, Article 4 Decree No. 226/2025/ND-CP dated August 15, 2025 of the Government, effective from August 15, 2025): Article 44. Basis for land allocation, land lease, permission to change land use purpose for cases not subject to investment policy approval, investor approval according to the law on investment. Basis for land allocation, land lease, permission to change land use purpose for In cases not subject to investment policy approval or investor approval according to investment law, it is the commune-level land use planning or planning prepared in accordance with the law on urban and rural planning approved by the competent authority. Which plan is used to allow the change of land use purpose? To have a basis for implementation, Mr. Le Quang An Dat (Khanh Hoa) requested the competent authority to clearly guide the application of urban and rural planning levels in resolving land use purpose change documents. The Ministry of Agriculture and Environment answers this issue as follows: In Clause 5, Article 116 of the Land Law 2024, it stipulates the basis for land allocation, land lease, and permission to change land use purposes: The basis for allowing change of use purpose of agricultural land in residential areas, agricultural land in the same plot of land with residential land to residential land or change of use purpose of non-agricultural land other than residential land to residential land for households and individuals is land use planning. District-level land use or general planning or zoning planning according to the provisions of law on urban planning approved by competent authorities. In Clause 6, Article 4 of Decree No. 226/2025/ND-CP of the Government regulating the amendments and supplements to Article 50 of Decree No. 102/2024/ND-CP, it is stipulated: Article 50. Order and procedures for approval of changing the use purpose of rice cultivation land and forest land. special-use land, protective forest land, and production forest land to other purposes specified in Clause 1, Article 122 of the Land Law1. Commune-level land management agencies are responsible for synthesizing needs and making a list of projects that must change the use purpose of rice cultivation land, special-use forest land, protective forest land, and production forest land to implement investment projects in the area, except for the cases specified in Clause 4, Article 67 of the Land Law.2 The Provincial Peoples Committee approves the list of projects that must change the land use purpose of rice cultivation land, special-use forest land, protective forest land, and production forest land. 3. The Provincial Peoples Committee must issue a document approving the list of projects that must change the land use purpose of rice cultivation land, special-use forest land, protective forest land, and production forest land. 4. For cases of changing the use purpose of rice cultivation land, special-use forest land, protective forest land, and production forest land. Other purposes that do not require the establishment of an investment project in accordance with the provisions of the law on investment do not have to carry out the procedures specified in Clauses 1, 2 and 3 of this Article. Therefore, the change of land use purpose is based on the above regulations for consideration and decision. The Ministry of Agriculture and Environment would like to inform you to know and research and implement. Chinhphu.vnRefer moreLand use purpose can be changed when in accordance with 1 of 3 planning References moreSequence of processing dossiers for changing land use purpose with area deviations See moreBasis for changing project land use purpose See moreBases for implementing land use purpose change and separation of plots See moreDecentralization of authority to carry out procedures for changing land use purpose See moreGuide to procedures for changing land use purpose See moreIs it necessary to separate plots before changing land use purpose? See moreConditions for changing agricultural land use purpose See moreConditions for changing land use purpose see moreThe locality does not stipulate additional conditions for changing land use purposes
