Answering this question, Lawyer Tran Tuan Anh - Director of Bright Legal Law Firm - said that based on point b, clause 1, Article 121 of the 2024 Land Law, the conversion of agricultural land to residential land must be permitted by a competent state agency. The approval is considered based on land use planning or urban and rural planning that has been approved under Article 116 of the 2024 Land Law.
The implementation procedure according to Article 227 of the 2024 Land Law includes:
Check the conditions of the land plot: Having a certificate, still within the term of use, no dispute, no distraint and in accordance with the approved plan.
Prepare documents, usually including a request for land use purpose conversion, a certificate of land use rights and documents proving that they are eligible for exemption or reduction of financial obligations if any.
Submit the application at the One-Stop Shop Department or the land application receiving agency as prescribed by the Provincial People's Committee where the land is located. Land users can contact the commune-level People's Committee where the land is located for specific guidance.
Specialized agencies inspect dossiers, current status, planning and conditions for changing land use purposes; then submit to competent authorities to issue decisions allowing land use purpose conversion.
Land users pay land use fees and fees according to the notice of the tax authority.
The land registration agency updates the land use purpose, revises or reissues the Certificate and returns the results.
Lawyer Tran Tuan Anh said that according to Article 14 and Article 15 of Decree 49/2026/ND-CP, the Provincial People's Committee has the authority and is decentralized and authorized to allow land use purpose conversion; at the same time, the Provincial People's Committee specifies the receiving agency, dossier composition and time limit for resolution in the locality.
In case the purpose is only changed for a part of the land plot, Clause 3, Article 11 of Resolution 254/2025/QH15 stipulates that it is not mandatory to separate the plot first.
