1. Only land is required to comply with the approved district-level land use planning
According to Clause 5, Article 116 of the 2024 Land Law, households and individuals who change the purpose of using agricultural land in residential areas/in the same plot of land or change the purpose of using non-agricultural land other than residential land to residential land must comply with the approved district-level land use planning.
That means that if there is an agricultural land plot located in a residential area or a land plot with both residential land and agricultural land, if it is to be converted to residential land, it is only necessary to comply with the approved district-level land use planning.
Compared with the previous provisions in Article 52 of the 2013 Land Law, the basis for converting land use purposes is:
- The annual land use plan of the district level has been approved.
- The need to use land is shown in the application for land use conversion.
Accordingly, it can be seen that from August 1, 2024, the basis for allowing the conversion of agricultural land use purposes (including rice fields) to residential land only needs to be consistent with the district-level land use planning instead of being consistent with the annual district-level land use plan as before.
District-level land use planning is understood as the allocation of land use indicators and land zoning for land use purposes in the district within 10 years (20-year vision). The district-level land use plan is issued annually.
Accordingly, the basis for allowing the conversion of agricultural land use to residential land according to the 2024 Land Law has been expanded compared to before, so the possibility of changing land use purposes is also somewhat easier.
This is good news for households and individuals who are using the land at the same time, both residential and agricultural land.
2. No need to meet the land use time as before
One of the special features that the 2024 Land Law stipulates the change of agricultural land use purpose in the residential area/in the same land parcel to residential land is just in accordance with the approved district -level land use planning instead of having to stay in the same land parcel with housing and meet the conditions of the time of land use as before under Article 103 of the 2013 Land Law.
Note: Only the purpose of using rice-growing land can be changed to another purpose after having a Resolution of the Provincial People's Council. That is, the conditions for converting rice-growing land use purposes will be more strict to limit converting rice-growing land to non-agricultural purposes.
