On the Government Portal, citizens asked: Around 2000, Ms. N.T. L.T's family had nearly 10,000 m2 of agricultural land planned as a cultural residential area, the rest was nearly 500 m2.
After recovering the red book for compensation, the locality returned Ms. T's family another red book with an area of nearly 500 m2 and in the land use purpose section it was written "Rice", but since then, because it is located in the middle of a residential area, her family has not been able to grow anything.
In 2008, Ms. T's mother built a house for her children on this land. Now her mother wants to change the land use purpose for her children. She asked, is this case entitled to preferential policies?
The Ministry of Agriculture and Environment answers this question as follows:
The grounds for land allocation, land lease, and permission to change land use purposes are specified in Article 116 of the 2024 Land Law (amended and supplemented in point a, clause 2, Article 57 of the 2024 Urban and Rural Planning Law):
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 approved by competent authorities".
The conversion of agricultural land to non-agricultural land in cases of changing land use purposes must be permitted by a competent state agency as prescribed in point b, clause 1, Article 121 of the Land Law.
The authority to permit land use purpose conversion is stipulated in Article 14 of Decree No. 49/2026/ND-CP dated January 31, 2026 of the Government decentralizing authority to provincial-level People's Committees to implement in the field of land.
The order and administrative procedures for land are specified in Clause 1, Article 15 of Decree No. 49/2026/ND-CP of the Government, according to which the Provincial People's Committee stipulates the order and administrative procedures for land, including procedures for allowing land use purpose conversion.
Financial obligations of land users when changing land use purposes are specified in Clause 2, Article 121 of the Land Law.
However, due to the lack of specific records and the content of her petition stating that the household or individual has been granted a Certificate of Land Use Rights with an area of 500 m2, the purpose of use is rice land but has converted a part of the area to residential land. Therefore, it is requested that she contact the Commune People's Committee where the land is located for guidance and consideration, and settlement according to their authority and legal regulations.
