On the Ministry of Agriculture and Environment's Information Portal, citizens in Dong Nai wondered:
I have land plot number 108, plot number 335 of the cadastral map of Xuan Que commune, Dong Nai city. The land plot has a total area of 2,267.8m2, the current land use purpose is perennial crop land, the land plot is located in Xuan Que commune, Dong Nai city (formerly Song Nhan commune, former Cam My district). The land plot is adjacent to an asphalt road.
According to the land use plan to 2030 approved by Dong Nai Provincial People's Committee in Decision No. 5374/QD-UBND dated December 31, 2021, the land plot is planned for rural residential land with an area of 1,266.7m2, traffic land planning with an area of 1001.1m2.
According to the general construction plan of Song Nhan commune, Cam My district (old) to 2025 and long-term to 2030 approved by the People's Committee of Cam My district (old) in Decision No. 129/QD-UBND dated February 27, 2025, my land plot is planned as mixed land with an area of 1,266.7m2, traffic land planning with an area of 1001.1m2.
Currently, these 2 plans are still in effect and the locality is using them. In the past time, my land plot was included in the plan to convert the land use purpose from perennial crop land to residential land in 2023 and in 2024 according to Decision No. 3524/QD-UBND dated December 29, 2023 of Dong Nai Provincial People's Committee approving the land use plan for 2024, Decision No. 1167/QD-UBND dated May 23, 2023 of the Provincial People's Committee approving the land use plan for 2023.
Currently, due to the need to change the land use purpose from perennial crop land to residential land, I respectfully request your agency to consider, guide and respond in writing to the following contents:
1. With the current state of planning mentioned above, is my land plot eligible to be considered for permission to change the land use purpose to residential land (with an area of 1,266.7m2 already planned as residential land according to the land use plan approved by the Provincial People's Committee and according to the land use plan for 2023 and 2024 approved by the Provincial People's Committee, the land plot is already in the land use purpose conversion plan) according to the provisions of law or not.
2. In case of being considered for conversion to residential land with an area of 1,266.7m2, please provide legal basis, conditions, order, and procedures for implementation".
After research, the Ministry of Agriculture and Environment has the following opinions:
Legal regulations on changing land use purposes from agricultural land to residential land are as follows:
Point b, Clause 2, Article 9 of the Land Law stipulates: "2. Group of agricultural land includes the following types of land: b) Land for perennial crops;"
Clause 5, Article 116 of the Land Law amended and supplemented at point a, clause 2, Article 57 of the Urban and Rural Planning Law, stipulates:
“5. The basis for allowing the conversion of agricultural land use purposes in residential areas, agricultural land in the same land plot with residential land to residential land or conversion of non-agricultural land types that are not residential land to residential land for households and individuals is district-level land use planning or general planning or zoning planning according to the provisions of law on urban and rural planning that has been approved by competent authorities. ”
Clause 2, Article 22 of Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government stipulates the decentralization of authority of local authorities at 2 levels, decentralization of power, and decentralization in the field of land, stipulating: "2. Commune-level administrative units after arrangement are allowed to continue to use district-level land use plans, district-level annual land use plans or plans established according to the provisions of law on urban and rural planning that have been approved by competent state agencies according to the provisions of law before July 1, 2025 in the area or land use targets in the land allocation and zoning plan of provincial planning are allocated to commune-level administrative units after arrangement to serve as a basis for performing state management tasks on land until the review and development of land use plans and plans according to new administrative units is completed.
Based on the above regulations, in case households and individuals request to change the land use purpose of agricultural land to residential land, they shall base on the district-level land use plan, district-level annual land use plan or plan prepared in accordance with the law on urban and rural planning that has been approved by a competent state agency in accordance with the law before July 1, 2025 in the area or land use targets in the land allocation and zoning plan of the provincial plan allocated to commune-level administrative units after arrangement, and at the same time base on cadastral records, current land use status, plan applied to land areas and related documents for consideration and decision according to their authority.
On January 31, 2026, the Government issued Decree No. 49/2026/ND-CP detailing and guiding a number of articles of Resolution No. 254/2025/QH15 of the National Assembly, in which, Clause 1, Article 14, Clause 1, Article 15 of the Decree stipulates: Provincial People's Committees have the authority to decide on land recovery, compensation, support, resettlement, land allocation, land lease, permission to change land use purposes... and decide on decentralization and authorization for agencies and people with authority to implement accordingly; stipulate the order and administrative procedures for land in localities, including the order and procedures for allowing land use purpose conversion.
Please contact the functional agency in the locality for resolution according to their authority and legal regulations.
