On the Government Portal, citizens wondered:
I was allowed by the old District People's Committee to change the land use purpose on April 20, 2003 with the purpose of specialized land (building a gas station).
I ask, based on the 2024 Land Law, is my land use purpose determined as non-agricultural production facility land (SKC) or commercial and service land (TMD)?
After research, the Ministry of Agriculture and Environment answers this question as follows:
The 2024 Land Law and Decree No. 102/2024/ND-CP dated July 30, 2024 of the Government detailing the implementation of a number of articles of the Land Law take effect from August 1, 2024, which stipulates land classification and how to determine land types. Specifically:
Regarding land classification, Article 9 of the 2024 Land Law on land classification and Articles 4, 5 and 6 of Decree No. 102/2024/ND-CP have specifically stipulated land types according to 3 main land groups including agricultural land, non-agricultural land and unused land.
Regarding land type determination, Clause 1, Article 10 of the 2024 Land Law has specifically stipulated the determination of land types:
1. The determination of land type is based on one of the following bases:
a) Certificate of land use rights; Certificate of house ownership and residential land use rights; Certificate of land use rights, house ownership and other assets attached to land; Certificate of land use rights, ownership of assets attached to land;
b) Documents on land use rights specified in Article 137 of this Law for cases where the Certificate specified in point a of this clause has not been issued;
c) Decisions on land allocation, land lease, and permission to change land use purposes of competent state agencies for cases where the Certificate specified in point a of this clause has not been issued".
Based on the Decision allowing the change of land use purpose of a competent State agency and the above regulations, it is requested that citizens study and determine the land use purpose in accordance with the law. The Ministry of Agriculture and Environment informs citizens to know and study implementation.
