Resolution 66.3/2025/NQ-CP removal and handling of obstacles for the implementation of projects during the period when the national land use master plan for 2021-2030

RESOLUTION

On removal and handling of obstacles for the implementation of projects during the period when the national land use master plan for the 2021- 2030 period, with a vision toward 2050, has not yet been approved for modification

Pursuant to Law No. 63/2025/QH15 on Organization of the Government;

Pursuant to Law No. 72/2025/QH15 on Organization of Local Administration;

Pursuant to Land Law No. 31/2024/QH15, which is amended and supplemented under Law No. 43/2024/QH15, Law No. 47/2024/QH15 and Law No. 58/2024/QH15;

Pursuant to Law No. 61/2020/QH14 on Investment, which is amended and supplemented under Law No. 57/2024/QH15;

Pursuant to Planning Law No. 21/2017/QH14 which has a number of articles amended by Law No. 57/2024/QH15;

Pursuant to the National Assembly’s Resolution No. 206/2025/QH15, on mechanisms for handling difficulties and obstacles due to regulations;

At the proposal of the Minister of Agriculture and Environment;

The Government issues the Resolution on removal and handling of obstacles for the implementation of projects during the period when the national land use master plan for the 2021- 2030 period, with a vision toward 2050, has not yet been approved for modification

Article 1. Scope of regulation and subjects of application

1. This Resolution provides measures to organize the implementation of land use master plans and plans; remove and handle obstacles for the implementation of projects during the period when the national land use master plan for the 2021-2030 period, with a vision toward 2050, has not yet been approved for modification.

2. This Resolution applies to state agencies and organizations and individuals related to the provisions in Clause 1 of this Article.

Article 2. Regulations on measures to organize the implementation of land use master plans and plans after the reorganization of provincial- and commune-level administrative units

1. Based on provincial master plans for the 2021-2030 period, with a vision toward 2050, which are approved before July 1, 2025, provincial-level People's Committees shall allocate land use norms to commune-level administrative units after the reorganization to perform land management in the localities without being bound by the norms of the national land use master plan and plan allocated under the National Assembly’s Resolution No. 39/2021/QH15 of November 13, 2021, on the national land use master plan during the 2021-2030 period, with a vision toward 2050 and the five-year national land use plan (2021-2025).

2. Competent agencies and persons shall, based on district-level land use master plans and district-level annual land use plans that have been already approved before July 1, 2025, or land use norms in plans on land allocation and zoning off in their provincial master plans that are allocated to commune-level administrative units after reorganization, or master plans formulated under the law on urban and rural planning, carry out land recovery, land allocation and land lease, and permit land repurposing in accordance with the land law.

Article 3. Handling of land use cases with conflicts between master plans or inconsistencies with approved master plans

1. In case projects have already been identified in national sectoral master plans and are consistent with land use master plans and plans or master plans established under the law on urban and rural planning that overlap with other sectoral master plans, competent agencies and persons shall base on land use master plans and plans or the master plan formulated under the law on urban and rural planning to perform the procedures for land recovery, land allocation, land lease, and permitting land repurposing in accordance with the land law.

2. In case land areas subject to recovery for the performance of national defense or security tasks are not included in master plans on use of land for national defense purpose or master plans on use of land for security purpose, the Minister of National Defense or the Minister of Public Security shall collect opinions of provincial-level People’s Committees of localities where such land areas are located. Based on the agreement of provincial-level People's Committees of localities where such land areas are located, competent agencies and persons shall carry out land recovery, land allocation and land lease in accordance with the law. In case of disagreement, the Minister of National Defense and the Minister of Public Security shall report such to the Prime Minister for consideration and decision.

3. In case projects that have been approved or for which investment policy or investment has been decided in accordance with the law on public investment, the law on investment in the form of a public-private partnership and the law on investment are conformable with the land use master plan approved before the effective date of the 2024 Land Law and require the recovery of land areas for national defense or security purpose and land-attached assets for transfer to localities for implementation of socio-economic development projects for national and public interests, but such land areas are not determined in master plans on use of land for national defense purpose or master plans on use of land for security purpose as those to be transferred to localities, provincial-level People's Committees of localities where such land areas are located shall collect opinions of the Minister of National Defense, for land for national defense purpose and the Minister of Public Security, for land for security purpose. Based on the agreement of the Minister of National Defense and the Minister of Public Security, competent agencies and persons shall carry out land recovery, land allocation and land lease in accordance with the law. In case of disagreement, provincial-level People's Committees shall report such to the Prime Minister for consideration and decision. Provincial-level People's Committees of localities where land areas are recovered shall bear responsibility for the accuracy of the information to ensure it is included in land use master plans approved before August 1, 2024.

4. In case it is necessary to recover land areas for national defense or security purpose and land-attached assets for transfer to localities for implementation of socio-economic development projects for national and public interests, but such land areas are not determined in master plans on use of land for national defense purpose or master plans on use of land for security purpose as those to be transferred to localities, provincial-level People's Committees of localities where such land areas are located shall collect opinions of the Minister of National Defense, for land for national defense purpose and the Minister of Public Security, for land for security purpose. Based on the agreement of the Minister of National Defense and the Minister of Public Security, competent agencies and persons shall carry out land recovery, land allocation and land lease in accordance with the law. In case of disagreement, provincial-level People's Committees of localities where land areas are recovered shall report such to the Prime Minister for consideration and decision.

5. After being recovered, information on land areas belonging to the projects specified in Clauses 2, 3 and 4 of this Clause shall be updated upon review and modification of master plans in accordance with law.

Article 4. Organization of implementation

1. The Ministry of Agriculture and Environment shall:

a/ Continue to review and complete the dossier for modification of the National Land Use Master Plan for the 2021-2030 period, with a vision toward 2050, for submission to competent authorities for decision in order to align with new administrative units after reorganization and merger;

b/ Provide guidance on the implementation of this Resolution regarding a number of issues related to land use master plans and plans during the period when the National Land Use Master Plan for the 2021-2030 period, with a vision toward 2050, has not yet been approved for modification (if any).

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People's Committees at all levels and other related organizations and individuals shall implement this Resolution.

3. The Ministry of Agriculture and Environment and the Ministry of Finance shall, within their functions and tasks, advise the Government on reviewing and proposing amendments and supplements to Clauses 9 and 10, Article 60, Article 80, Article 84, and other related contents of the Land Law; Clause 3, Article 6 of the Law on Planning; Point a, Clause 3, Article 33 of the Law on Investment and other related contents of the Law on Investment to ensure consistency and synchronicity. The Ministry of National Defense and the Ministry of Public Security shall perform the tasks specified in Clause 5, Article 3 of this Resolution.

4. Provincial-level People's Committees shall:

a/ Perform the tasks specified in this Resolution;

b/ Direct provincial-level agencies with land management functions and other related agencies to carry out land and investment procedures and other laws concerning the projects in a timely manner and in accordance with the law;

c/ Direct provincial-level Departments of Agriculture and Environment and other related agencies to proactively review, identify and provide information on land use needs of new provincial-level administrative units of localities in the new situation to serve the modification of the national land use master plan to ensure development space.

Article 5. Effect

1. This Resolution takes effect from the date of its signing until February 28, 2027.

2. In case amended, supplemented or newly-promulgated laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee take effect after the date this Resolution is adopted, the modified National Land Use Master Plan for the 2021-2030 period, with a vision toward 2050 is approved and before March 1, 2027, the corresponding provisions in this Resolution shall cease to be effective.

3. During the period the provisions of this Resolution are effective, if the regulations on competence, state management responsibility, and order and procedures in this Resolution are divergent with those in other related legal documents, this Resolution shall prevail.-

On behalf of the Government

For the Prime Minister

Deputy Prime Minister

TRAN HONG HA