On the Government Portal, citizens asked: Mr. V.V has a garden plot in a remote and isolated commune, border area. In 2014, he built a solid house on this land.
Through investigation, Mr. V realized that building houses on garden land is not in accordance with current regulations.
He asked, can he carry out procedures to change the land use purpose from garden land to residential land? If yes, what conditions, documents and procedures need to be met? In case the land use purpose cannot be changed, he requested guidance on transferring this land plot in accordance with the law.
The Ministry of Agriculture and Environment answers this question as follows:
According to the provisions of Clause 5, Article 116 of the Land Law, competent agencies and people shall base on district-level land use planning or general planning or zoning planning according to the provisions of urban planning law approved by competent agencies to consider and decide to allow the conversion of agricultural land use purpose in residential areas, agricultural land in the same land plot with residential land to residential land for households and individuals.
According to the provisions of Clause 1, Article 14, Clause 1, Article 15 of Decree No. 49/2026/ND-CP of the Government, the Provincial People's Committee has the authority to decide on land allocation, land lease, permission to change land use purposes and decide on decentralization and authorization for agencies and people with authority to implement; at the same time, the Provincial People's Committee stipulates the order and administrative procedures for land in the locality, including the order and procedures for changing land use purposes.
