Citizens send questions to the Ministry of Agriculture and Environment with the content:
In fact, the implementation of procedures for requesting land use purpose conversion in Hanoi City is facing many difficulties. One of the obstacles is that competent authorities believe that the condition for converting agricultural land use purposes to residential land is that the land plot must be located in a residential area and in accordance with the land use plan in effect.
However, currently, the law does not have specific regulations on whether agricultural land plots requesting land use purpose conversion must be located in residential areas to be allowed to convert to residential land.
Therefore, it is respectfully requested that the Ministry of Agriculture and Environment clarify the legal basis and basis for allowing individuals and households to change the land use purpose from agricultural land to residential land according to the 2024 Land Law for agricultural land plots located outside residential areas.
Regarding the above proposal, the Department of Land Administration has the following opinions:
- Clause 5, Article 116 of the 2024 Land 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 urban planning law approved by competent authorities".
- Clause 6, Article 116 of the 2024 Land Law stipulates: "6. Bases for land allocation, land lease, and permission to change land use purposes for cases not subject to investment policy approval, investor approval according to investment law are implemented according to the Government's regulations".
- Clause 1, Article 14 of Decree No. 49/2026/ND-CP dated January 31, 2026 of the Government detailing and guiding a number of articles of Resolution No. 254/2025/QH15 of the National Assembly stipulating a number of mechanisms and policies to remove difficulties and obstacles in the organization of the implementation of the Land Law on decentralizing authority to the Provincial People's Committees to implement in the field of land stipulates: "1. 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, adjust land use term, extension of land use, change of form of land use, recognition of land use rights, approval of agreement on receiving land use rights to implement projects, approval, and approval of land use plans.
Based on the Law on Organization of Local Government, Resolution No. 190/2025/QH15 of the National Assembly on handling a number of issues related to the arrangement of the state apparatus and the actual situation of localities, the Provincial People's Committee decides on the decentralization and authorization of agencies and competent persons to perform the tasks specified in this clause to be appropriate".
This is a specific case, requesting citizens to have documents and records, accompanying documents to send to the land management agency in the locality for guidance and resolution according to their authority and legal regulations.
The Ministry of Agriculture and Environment requests information for citizens to know and study, and implement.
