Citizens send questions to the Ministry of Agriculture and Environment with the content:
I submitted a dossier requesting land use purpose conversion at Kim Boi Commune People's Committee. The content requesting purpose conversion from production forest land to residential land in rural areas (legal basis for implementation: in accordance with land use planning; in accordance with general construction planning, but officials compared and concluded that it is not in accordance with construction planning; for forestry planning: not in forestry planning).
The location of the land plot requested for purpose conversion is 120m2, 52m away from the household or individual living nearest, in the same direction as the adjacent road.
According to the 2024 Land Law, if it is suitable for one of the types of planning, there is a need for purpose conversion, it is not in the forestry plan, there are no land violations, there is financial capacity; the location requesting purpose conversion is adjacent to a traffic road, is eligible for land separation and ensures technical infrastructure... then is it eligible for purpose conversion or not?
My application was rejected because it was outside the residential area (explained as not inside - in the middle of the residential area).
Please ask the Ministry of Agriculture and Environment, "located outside the residential area" is located on the far outside of that residential area, is it eligible for purpose conversion? Or must it be located in the middle of the village, interspersed among the households living there to be eligible for purpose conversion?
The Ministry of Agriculture and Environment has the following opinions:
1. Regarding the concept and boundaries of agricultural land in residential areas
Current land law does not have the concept of agricultural land in residential areas, for types of land in agricultural groups specified in Article 9 of the Land Law and the use of agricultural land in residential areas specified in Article 116 of the Land Law. At the same time, other relevant laws stipulate the concept of residential areas and rural residential areas to serve as a basis for determining agricultural land in residential areas, specifically:
- The Law on Urban and Rural Planning specifically stipulates rural residential areas, as follows:
+ Clause 4, Article 2 on wording explanation: "4. Rural residential areas are places of concentrated residence of households connected to each other in production, living and other social activities within a certain area in rural areas, formed by natural conditions, socio-economic conditions, technical infrastructure conditions and other factors".
+ Clause 6, Article 17 on the responsibility of organizing the task of planning, urban and rural planning: "6. Except for cases specified in Clauses 5, 7 and 8 of this Article, the commune-level People's Committee shall organize the task of planning, commune general planning, detailed planning of rural residential areas and construction areas within the scope of administrative units under its management".
+ Clause 2, Article 29 stipulates that the General Planning of communes includes the following main contents: “...c) Forecasting and determining socio-technical indicators and indicators for land use planning, network of rural residential areas;
...đ) Orienting the development of the commune center system, rural residential areas....
- Clause 1, Article 2 on wording explanation in Circular No. 124/2021/TT-BCA dated December 28, 2021 of the Minister of Public Security stipulating residential areas, communes, wards, towns, agencies, businesses, and educational institutions that meet the standard "Safety of security and order" stipulates: "1. Residential area" is where people and households reside concentrated within a certain area, which is the common name of villages, hamlets, villages, hamlets, villages, hamlets, communes, residential groups, neighborhoods, and equivalent residential units".
2. Regarding the basis for allowing land use purpose conversion
- According to the provisions of Clause 5, Article 116 of the Land Law, agencies and competent persons shall base on 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 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 or conversion of non-agricultural land types that are not residential land to residential land for households and individuals.
- Clause 2, Article 22 of Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government: "2. Commune-level administrative units after arrangement are allowed to continue to use district-level land use plans, district-level annual land use plans or plans established according to the provisions of law on urban and rural planning that have been approved by competent state agencies according to the provisions of law before July 1, 2025 in the area or land use targets in the land allocation and zoning plan of provincial planning are allocated to commune-level administrative units after arrangement to serve as a basis for performing state management tasks on land until the work of reviewing and preparing land use plans and plans according to new administrative units is completed.
- According to the provisions of point b, clause 3, Article 12 of Resolution No. 254/2025/QH15 of the National Assembly stipulating a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law: "b) ... Localities when organizing the adjustment of provincial planning for the period 2021-2030, vision to 2050 must determine land use targets allocated by the national land use plan and land use targets according to local land use needs to each commune-level administrative unit".
Currently, Phu Tho Provincial Planning is adjusted in Decision No. 2468/QD-UBND dated December 31, 2025 of Phu Tho Provincial People's Committee; therefore, the change of land use purpose needs to be based on the adjustment of the approved Phu Tho Provincial Planning and related plans in the area for consideration and implementation.
To ensure uniformity in the application of policies and laws in the locality, please contact the Department of Agriculture and Environment of Phu Tho province or the People's Committee of Kim Boi commune for guidance according to their authority and legal regulations.
