Ms. D.T.H in Hanoi shared that in 2023, her company received a transfer of a 300 m2 plot of land, of which 200 m2 was residential land and 100 m2 was land for perennial crops in Da Nang city for office purposes. Currently, her company wants to change the purpose of using land for perennial crops to residential land.
Ms. H asked, based on the provisions of the 2024 Land Law, can her company change the land use purpose or not? If it is allowed to be converted, what provisions are used to calculate land use fees when changing land use purposes?
The Ministry of Agriculture and Environment responds to this issue as follows:
Clause 6, Article 26 of the Land Law stipulates the common rights of land users, including the right to change land use purposes according to the provisions of this Law and other relevant legal provisions.
Article 35 of the Land Law stipulates the rights and obligations of economic organizations receiving land use rights transfer or land use purpose conversion.
Article 116 of the Land Law stipulates the basis for land allocation, land lease, and permission to change land use purposes and Article 121 of the Land Law stipulates the change of land use purposes.
In particular, the Land Law specifically stipulates cases of land use purpose conversion that must be permitted by competent state agencies, cases of land use purpose conversion that do not require permission from competent state agencies and stipulates the implementation of financial obligations when changing land use purposes.
Article 122 of the Land Law stipulates the conditions for allowing the conversion of land use purposes.
Articles 5, 9 and 10 of Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government stipulate the division of authority of local authorities at 02 levels, decentralization of authority, decentralization in the field of land, decentralization of authority to decide to permit the change of land use purpose for subjects specified in Article 123 of the Land Law.
The procedure for allowing land use purpose change is stipulated in Article 227 of the Land Law and Section I, Part III of Appendix I to issue ice cream according to Decree No. 151/2025/ND-CP.
In case the land user is permitted by a competent state agency to change the land use purpose and must pay land use fees, the payment of land use fees shall be stipulated in Article 156 of the Land Law and Decree No. 103/2024/ND-CP dated July 30, 2024 of the Government regulating land use fees and land rents.
Her company is allowed to change the land use purpose from perennial land to residential land if it is in accordance with the land use planning and other provisions of the land law mentioned above.
She is requested to contact the local agricultural and environmental agency for guidance on how to resolve the issue according to her authority and the provisions of law.
