Citizens sent questions to the Ministry of Agriculture and Environment, asking: Previously, when implementing Decree No. 64/3CP dated September 27, 1993 of the Government, the family was allocated 2,500 m2 of agricultural land (land for perennial crops) and was granted a Certificate of land use rights. Currently, the family is still producing stable agriculture on this land area.
Now, the entire above land plot is located in accordance with residential land use planning according to land use planning, general planning and zoning planning; around the land plot, households and individuals have built stable houses up to now. However, when citizens contacted the local government for instructions on land use conversion procedures, the cadastral officer said: land under Decree 64 is allocated for agricultural production, if the family no longer produces agriculture, it must be returned to the State, and the purpose cannot be converted.
So, I respectfully request the Ministry of Agriculture and Environment to inform whether the family's land plot can be converted from perennial land (according to the issued Certificate) to residential land or not?
Responding to this content, the Ministry of Agriculture and Environment said: According to the provisions of Point b, Clause 1, Article 121 of the 2024 Land Law, the conversion of agricultural land to non-agricultural land (including residential land) as proposed by citizens must be permitted by a competent state agency.
Citizens who want to change the purpose of using land from perennial agricultural land to residential land (to build houses) should have the basis for changing the purpose of using land as prescribed in Point a, Clause 3 or Clause 5, Article 116 of the 2024 Land Law; Clause 2, Article 22 of Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government regulating the division of authority of local authorities at 2 levels, decentralization and delegation in the field of land (corrected by Decision No. 2418/QD-BNNMT dated June 28, 2025 of the Minister of Agriculture and Environment). The authority to decide to permit the change of land use purpose is the Chairman of the People's Committee at the commune level as prescribed in Point m, Clause 1, Article 5 of Decree No. 151/2025/ND-CP. The order and procedures for allowing land use purpose change are implemented according to the provisions of Article 227 of the 2024 Land Law.
Administrative procedures on land allocation, land lease, and land use purpose conversion for the above cases of citizens are stipulated in Point 1, Section B, Part II of the new administrative procedures and administrative procedures amended and supplemented in the field of land under the state management of the Ministry of Agriculture and Environment, issued with Decision No. 3380/QD-BNNMT dated August 25, 2025 of the Ministry of Agriculture and Environment.
Citizens are requested to have documents and records related to the land plot attached to them and send them to the competent land management agency in the locality for consideration and settlement according to their authority and regulations of law.
