Bases for allowing land use purpose conversion
Pursuant to Article 116 of the 2024 Land Law, the basis for allowing land use purpose conversion is as follows:
- For the list of works and projects expected to be implemented in the year; projects to arrange residential land and production land for ethnic minorities (if any); land area for auctioning land use rights, land acquisition projects in the year, resettlement projects, and production land expected to compensate people whose land is recovered, the basis is:
+ The annual district-level land use plan has been approved and decided on investment or;
+ Decision approving investment policy at the same time as decision approving investor or;
+ Decision to approve the investor or;
+ Document approving the results of investor selection under the public-private partnership method.
- For projects not included in the annual district-level land use plan, the basis is: Investment decision according to regulations on public investment; or the decision approving the investment policy at the same time as the decision approving the investor; or the document approving the results of investor selection under the public-private partnership method.
- For agricultural land in residential areas or in the same plot of land with residential land converted to residential land or non-agricultural land other than residential land converted to residential land: Considered according to district-level land use planning/general planning/ Zoning plan approved by competent authorities.
Procedures for converting garden land to residential land
According to Article 227 of the 2024 Land Law, the order and procedures for converting land use purposes are as follows:
Step 1. Submit a dossier requesting a change of land use purpose according to regulations.
Step 2. The competent authority inspects the conditions for changing land use purposes. In case the dossier is not guaranteed, the land user shall supplement the dossier and submit it to the land management agency.
Step 3. After submitting the complete dossier, the competent land management agency will prepare a dossier and submit it to the district-level People's Committee to issue a decision allowing the change of land use purpose.
Step 4. Pay land use fees according to regulations, except in cases of exemption.
Step 5. Transfer the dossier to the Office/ Branch of the Land Registration Office to carry out the registration, issue the book, and at the same time update and correct the land database, cadastral records and return the Book to the land user.
In case of both transferring land use rights and changing land use purpose, the procedures for registering land use rights transfer will be carried out, at the same time as the procedures for changing land use purpose according to regulations.
