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Ms. Nguyen Thi Tai and her husband (HCMC) have two plots of land. According to the detailed planning for urban construction at a scale of 1/2,000 for residential areas approved by the District Peoples Committee (formerly) on August 14, 2007, two plots of land were included in the backup alley planning, so the family was refused to change the use purpose from rice land (adjacent land is residential land) to residential land because it is not in accordance with the planning. Houses in the planning can still be granted a construction permit for a period of time. Reclaimed land in the forest planning can be granted a Certificate. certificate? Can land under unrealized traffic planning be issued a red book? Planning problems when separating residential land plots, how to resolve them? Clarifying the authority to allow land use change As a precaution, she also proposed to delete the planning many times but was always denied that the deletion had not been considered. Ms. Tai asked, in this case, could she change the purpose to residential land? The Ministry of Agriculture and Environment responded to this issue as follows: Current land law stipulates conditions for changing purpose for individuals and adjusting land use planning as follows: In Clause 6, Article 26 of the Land Law 2024 on the general rights of land users. stipulates: 6. Have the right to change the land use purpose according to the provisions of this Law and other provisions of relevant laws. Clause 2, Article 73 of the Land Law 2024 on reviewing and adjusting land use planning and plans stipulates: 2. The agency competent to organize planning is responsible for organizing the review of land use planning periodically every 05 years to adjust in accordance with the socio-economic development situation in each period. 8. Article 76 of the 2024 Land Law on organizing and implementing planning stipulates: 8. Every year, the Provincial Peoples Committee is responsible for organizing the review, handling and public announcement of land recovery, change of land use purpose, adjustment and cancellation of land recovery, change of land use purpose for land recorded in the district-level annual land use plan on the website of the Provincial Peoples Committee; send information to the Ministry of Natural Resources and Environment. Environment, District Peoples Committee and Commune Peoples Committee. Clause 5, Article 116 of the 2024 Land Law stipulates: 5. The basis for allowing conversion of agricultural land use purposes in residential areas, agricultural land in the same plot of land with residential land to residential land or changing the use purpose of non-agricultural land to residential land for households and individuals is district-level land use planning or general planning or zoning planning according to The provisions of the law on urban planning have been approved by the competent authority. At Point a, Clause 1, Article 240 of the Land Law on handling of people who violate the law in land management when performing official duties, it is stipulated: 1. People who violate the law in land management while performing official duties will, depending on the nature and severity of the violation, be disciplined or prosecuted for criminal liability according to the provisions of law for the violations. a) Taking advantage or abusing positions and powers to contravene the provisions of law in planning, land use plans, land allocation, land lease, change of land use purpose, land recovery, land requisition, compensation, support, resettlement, determination of financial obligations on land, management of cadastral records, registration, issuance of Certificates of land use rights, Certificates of housing ownership and residential land use rights, Certificate of home ownership Housing, Certificate of ownership of construction works, Certificate of land use rights, ownership of houses and assets attached to land, Certificate of land use rights, ownership of assets attached to land, making administrative decisions in land management;. In Clause 6, Article 4 of Decree No. 226/2025/ND-CP dated August 15, 2025 of the Government amending and supplementing Article 44 after Article 43 of the Decree No. 102/2024/ND-CP dated July 30, 2024 of the Government detailing the implementation of a number of articles of the Land Law stipulates: 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 schools Cases that are not subject to investment policy approval or investor approval according to investment law are commune-level land use planning or planning prepared in accordance with the law on urban and rural planning that has been approved by a competent authority. Thus, the land law has very specific regulations on the planning review period and the basis for changing the land use purpose. It is requested that you send documents, records and documents to the local land management agency for guidance and resolution according to your authority and according to the provisions of law.Chinhphu.vn
