Decision No. 66.3/2025/NQ-CP on resolving issues and handling obstacles to implement projects during the period when the National Land Use Plan for 2021-2030 with a vision to 2050 has not been approved for adjustment.

RESOLUTION

Removing obstacles and resolving issues to implement projects during the period when the National Land Spatial Planning for the 2021-2030 period with a vision to 2050 has not been approved for adjustment.

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

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

Pursuant to the Land Law number 31/2024/QH15 amended and supplemented by Laws number 43/2024/QH15, number 47/2024/QH15, and number 58/2024/QH15;

Pursuant to the Investment Law number 61/2020/QH14 amended and supplemented by Law number 57/2024/QH15; Pursuant to the Planning Law number 21/2017/QH14 amended by Law number 57/2024/QH15;

The Government promulgates this Resolution on removing obstacles and resolving issues to implement projects during the period when the National Land Spatial Planning for the 2021-2030 period with a vision to 2050 has not been approved for adjustment.

Pursuant to Resolution number 206/2025/QH15 of the National Assembly on mechanisms for handling difficulties and obstacles caused by legal provisions;

At the proposal of the Minister of Agriculture and Rural Development;

Article 1. This Resolution stipulates measures for organizing the implementation of planning and land use plans; removing obstacles and resolving issues to implement projects during the period when the National Land Spatial Planning for the 2021-2030 period with a vision to 2050 has not been approved for adjustment.

Article 1. Scope of Regulation and Applicability

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

Article 2. Provisions on measures for organizing the implementation of planning and land use plans after the reorganization of provincial and commune administrative units

1. Based on the Provincial Planning for the 2021-2030 period with a vision to 2050 that has been approved before July 1, 2025, the People's Committees of provinces and cities allocate land use indicators for communes after reorganization to manage land at the local level without being bound by national land spatial planning and land use plans' indicators allocated according to Resolution No. 39/2021/QH15 dated November 13, 2021 of the National Assembly on the National Land Spatial Planning for the 2021-2030 period with a vision to 2050 and the five-year national land use plan (2021-2025).

2. Authorities and persons with competent authority base on the district-level land use planning and annual land use plans that have been approved before July 1, 2025, or land use indicators in the land allocation and zoning schemes of the provincial planning distributed to communes after reorganization or urban and rural planning established in accordance with the law on planning to carry out land expropriation, land allocation, land leasing, and permission to change land use purposes in accordance with the law on land.

Article 3. Handling cases of land use where there are contradictions between different plans or are inconsistent with approved plans

1. In cases where implementing projects identified in national sectoral planning, consistent with land use planning or planning established under the law on urban and rural planning, but conflicting with other sectoral plans, authorities and persons with competent authority base on land use planning or planning established under the law on urban and rural planning to carry out procedures for land expropriation, land allocation, land leasing, and permission to change land use purposes in accordance with the law on land.

2. In cases where land must be expropriated for national defense and security tasks but is not included in the national defense land use plan or the security land use plan, the Minister of Defense and the Minister of Public Security send written requests for opinions from the People's Committee of the province where the land is located. On the basis of agreement from the People's Committee of the province where the land is located, authorities and persons with competent authority carry out land expropriation, land allocation, and land leasing in accordance with the law. If the People's Committee of the province where the land is located does not agree, the Minister of Defense and the Minister of Public Security report to the Prime Minister for consideration and decision.

3. For projects that have been approved, investment policy decisions, or investment decisions in accordance with the law on public investment, the law on public-private partnership investment, and the law on investment, which are consistent with the land use plan approved before the effective date of the Land Law 2024, but require the expropriation of national defense land, security land, and property attached to land to transfer to localities for socio-economic development projects for national and public interest, but the area of land proposed for expropriation has not been determined in the national defense land use plan or the security land use plan as transferred land, the People's Committee of the province where the land is located will seek opinions from the Minister of Defense regarding national defense land and the Minister of Public Security regarding security land. On the basis of agreement from the Minister of Defense and the Minister of Public Security, authorities and persons with competent authority carry out land expropriation, land allocation, and land leasing in accordance with the law. If the Minister of Defense and the Minister of Public Security do not agree, the People's Committee of the province where the land is located reports to the Prime Minister for consideration and decision. The People's Committee of the province where the land is located bears responsibility for the accuracy of information ensuring it is included in the land use plan approved before August 1, 2024.

4. In cases where land must be expropriated for national defense, security, and property attached to land to transfer to localities for socio-economic development projects for national and public interest, but the area of land proposed for expropriation has not been determined in the national defense land use plan or the security land use plan as transferred land, the People's Committee of the province where the land is located will seek opinions from the Minister of Defense regarding national defense land and the Minister of Public Security regarding security land. On the basis of agreement from the Minister of Defense and the Minister of Public Security, authorities and persons with competent authority carry out land expropriation, land allocation, and land leasing in accordance with the law. If the Minister of Defense and the Minister of Public Security do not agree, the People's Committee of the province where the land is located reports to the Prime Minister for consideration and decision.

5. The areas of land belonging to projects specified in Clauses 2, 3, and 4 of this Article after expropriation must be updated when reviewing and adjusting plans in accordance with the law.

5. The land area belonging to the projects specified in Clauses 2, 3, and 4 of this Article must be updated during the review and adjustment of the planning schemes in accordance with the provisions of the law.

Article 4. Organization of Implementation

Article 5. Responsibilities

a) Continue to review and perfect the dossier for adjusting the National Land Use Plan for the period 2021-2030 with a vision to 2050 to submit to the competent authority for decision-making, in accordance with the new administrative units after restructuring and merger;

b) Guide the implementation of this Resolution regarding certain issues related to planning and land use plans during the time the National Land Use Plan for the period 2021-2030 with a vision to 2050 has not yet been approved for adjustment (if any).

2. The Minister, the Head of a ministerial-level agency, the Head of an agency under the Government, the Chairpersons of People's Committees at all levels, and other organizations and individuals concerned shall be responsible for implementing this Resolution.

3. The Ministry of Agriculture and Rural Development, the Ministry of Finance within their respective functions and tasks shall be responsible for advising the Government to review and propose amendments and supplements to Clause 9, Clause 10 Article 60, Article 80, Article 84 of the Land Law, Clause 3 Article 6 of the Planning Law, Point a Clause 3 Article 33 of the Investment Law and relevant provisions of the Investment Law to ensure consistency and synchronization; the Ministry of National Defense, the Ministry of Public Security shall be responsible for performing the tasks prescribed in Clause 5 Article 3 of this Resolution.

4. Provincial People's Committees:

a) Implement the tasks prescribed in this Resolution;

b) Direct the provincial land management agencies and related agencies to perform land-related procedures, investment procedures, and other legal provisions related to projects in a timely manner and in accordance with the law;

c) Direct the Department of Agriculture and Rural Development and related agencies to proactively review, determine, and provide information on the land demand of the newly established provincial administrative units in the new situation to serve the preparation of adjustments to the National Land Use Plan, ensuring development space.

Article 5. Effective Date

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

2. In cases where laws, resolutions of the National Assembly, ordinances, or resolutions of the Standing Committee of the National Assembly are amended, supplemented, or newly issued and take effect after this Resolution is passed but before the approval of the adjustment of the National Land Use Plan for the period 2021-2030 with a vision to 2050 and before March 1, 2027, then the corresponding provisions in this Resolution shall cease to be effective.

3. During the period when the provisions of this Resolution are in effect, if the provisions concerning the authority, responsibility for state management, procedures, and formalities in this Resolution differ from those in related legal documents, they shall be implemented according to the provisions of this Resolution.