Ms. N.T.T in An Giang said that she wanted to change the purpose of using 81.7 m2 of rice-growing land to rural land, and had completed the procedures for determination.
Ms. T asked, is your land plot in the case specified in Clause 5, Article 116 of the Land Law? If not covered by the above provision, what is the specific procedure for converting land use purposes for you?
The Ministry of Agriculture and Environment responds to this issue as follows:
Clause 5, Article 116 of the 2024 Land Law stipulates: "The basis for allowing the conversion of agricultural land use purposes in residential areas, agricultural land in the same plot of land with residential land to residential land or the conversion of non-agricultural land use purposes other than 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 planning approved by competent authorities".
To know whether her change of land use purpose is subject to the provisions of Clause 5, Article 116 of the 2024 Land Law or not, the Ministry of Agriculture and Environment recommends that she have documents and records related to the land plot attached to the competent land management agency in the locality for guidance according to her authority.
In case not specified in Clause 5, Article 116 of the 2024 Land Law, the conversion of rice-growing land use purposes to residential land for her land plot shall be based on the provisions of Point a, Clause 3, Article 116 of the 2024 Land Law, Clause 2, Article 22 of Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government regulating the division of authority of local authorities at 02 levels, decentralization and delegation in the field of land (corrected by Decision No. 2418/QD-BNNMT dated June 28, 2025 of the Minister of Agriculture and Environment).
Her conversion of land use purposes mentioned above is one of the cases of land use purpose conversion that must be permitted by a competent state agency as prescribed in Point b, Clause 1, Article 121 of the 2024 Land Law.
The authority to decide to permit the change of land use purpose is the Chairman of the People's Committee at the commune level as prescribed in Point m, Clause 1, Article 5 of Decree No. 151/2025/ND-CP.
The order and procedures for allowing land use purpose change are implemented according to the provisions of Article 227 of the 2024 Land Law.
Administrative procedures for land allocation, land lease, and land use conversion for the above case are stipulated in Point 1, Section B, Part II of the new administrative procedures and administrative procedures amended and supplemented in the field of land under the state management of the Ministry of Agriculture and Environment issued with Decision No. 3380/QD-BNNMT dated August 25, 2025 of the Ministry of Agriculture and Environment.
