Mr. Khang has obtained an investment registration certificate for a project to build a poultry farm on the mentioned land plot.

Regarding land planning and land use plans, the 4-hectare land plot is designated for a project in accordance with the approved land use planning and plans by the provincial People's Committee (UBND). The conversion of the rice paddies has been approved by the provincial People's Council. Currently, Mr. Khang wants to apply for a change in land use purpose for the 4-hectare land to convert it into another agricultural land for the construction of a poultry farm.

Mr. Khang asked, when he submits a proposal to change the land use purpose to another agricultural land, whether the authority to decide lies with the district People's Committee or the provincial People's Committee? In the case where the authority lies with the district People's Committee, does he need to prepare a document requesting approval from the provincial People's Committee?

The Ministry of Natural Resources and Environment responds to this issue as follows:

Regarding land use change as stipulated in Article 57 of the Land Law of 2013:

"1. Cases of land use change must be permitted by the competent state authority, including:

a) Conversion of rice paddies to perennial crop land, forest land, aquaculture land, salt-making land;

b) Conversion of other annual crop land to saline aquaculture land, salt-making land, aquaculture land under the form of ponds, lakes, marshes;

c) Conversion of special-use forests, protective forests, production forests to other purposes within the agricultural land group;

d) Conversion of agricultural land to non-agricultural land;

đ) Conversion of non-agricultural land assigned by the State without land use fees to non-agricultural land assigned by the State with land use fees or leased land;

e) Conversion of non-residential non-agricultural land to residential land;

g) Conversion of land for construction of projects, land used for public purposes with commercial purposes, production and business land for non-agricultural purposes other than commercial and service land to commercial and service land; conversion of commercial and service land, land for construction of projects to non-agricultural production bases.

2. When changing land use purpose according to the provisions of Clause 1 of this Article, the land user must fulfill financial obligations as prescribed by law; land use regime, rights and obligations of the land user shall be applied according to the type of land after being converted."

According to Article 59 of the Land Law of 2013, which regulates the authority to allocate land, lease land, and permit land use change:

"1. The provincial People's Committee decides to allocate land, lease land, and permit land use change in the following cases:

a) Allocating land, leasing land, and permitting land use change for organizations;

b) Allocating land for religious establishments;

c) Allocating land for Vietnamese nationals residing abroad, enterprises with foreign investments as stipulated in Clause 3, Article 55 of this Law;

d) Leasing land for Vietnamese nationals residing abroad, enterprises with foreign investments as stipulated in Points d and e, Clause 1, Article 56 of this Law;

đ) Leasing land for foreign diplomatic missions.

2. The district People's Committee decides to allocate land, lease land, and permit land use change in the following cases:

a) Allocating land, leasing land, and permitting land use change for households, individuals. In cases where households, individuals lease land, and permit land use change for agricultural land for commercial, service purposes with an area of 0.5 hectares or more, they must obtain approval documents from the provincial People's Committee before making a decision;

b) Allocating land for communities.

3. The commune People's Committee leases land from the agricultural land fund for public purposes of the commune, ward, town.

4. The competent authority to decide on land allocation, land lease, and land use change as stipulated in Clauses 1 and 2 of this Article shall not be delegated."

In Chapter II of Circular No. 30/2014/TT-BTNMT dated June 2, 2014, issued by the Minister of Natural Resources and Environment, regulations on land allocation, land lease, land use change, and land recovery are provided.

According to Chinhphu.vn (Government Newspaper).