Sending a question to the Ministry of Agriculture and Environment, the People's Committee of a ward in Hue City raised concerns: Currently, the People's Committee of a ward is confused in applying the law to resolve administrative procedures for people related to the application for conversion of agricultural land use purposes (originally allocated to households and individuals for agricultural production purposes according to Decree 64/ND-CP dated September 27, 1993 of the Government) to residential land.
Accordingly, the People's Committee of the ward proposed to clarify: In case people submit an application to change the purpose of using agricultural land (originating from Decree 64/ND-CP) to residential land, if the land plot is located in a residential area, in accordance with the residential land planning according to Clause 5, Article 116 of the 2024 Land Law, is it allowed to change the purpose of use to residential land or not?
Responding to this content, the Ministry of Agriculture and Environment said: The conversion of agricultural land use purposes (originally assigned according to Decree 64/ND-CP, including NTS, BHK, CLN land) to residential land, in addition to meeting the conditions of a land plot located in a residential area, in accordance with the residential land planning according to the above regulations, must also comply with other provisions of the land law, specifically:
Must be permitted by a competent state agency according to Point b, Clause 1, Article 121 of the 2024 Land Law;
Meet the conditions specified in Article 122 of the Land Law and Article 50 of Decree 102/2024/ND-CP dated July 30, 2024 of the Government (amended and supplemented in Clause 7, Article 4 of Decree 226/2025/ND-CP dated August 15, 2025).
