Agricultural land and related legal regulations
The 2024 Land Law stipulates that land includes 3 groups: Non-agricultural land group; agricultural land group; Unused land group.
In which, agricultural land includes: Land for growing annual crops, including rice land and land for growing other annual crops; land for growing perennial crops; forestry land, including special-use forest land, protective forest land, production forest land; aquaculture land; concentrated livestock land; salt-making land; other agricultural land.
Conditions for converting agricultural land to residential land
According to Clause 5, Article 116 of the 2024 Land Law, households and individuals can change the purpose of using agricultural land in residential areas, or agricultural land located in the same plot of land as residential land to residential land, as long as it is consistent with the district-level land use planning, general planning or zoning planning approved by competent authorities according to the provisions of the law on urban planning.
How to convert agricultural land to residential land
Step 1: Separate the person whose name is on the red book or pink book when changing the land use purpose
To make it more convenient to apply for converting agricultural land use to residential land, the person whose name is on the red book or pink book needs to be different.
The reason is that the assessment of land use needs is based on reality. If they are divided into many plots but still have only one person's name, the appraisal will be difficult because it is unreasonable for a person to need to build many houses on many plots of residential land.
However, not all cases require separation of names. If the land already has a common red book (or pink book), it is only necessary to carry out procedures for changing the land use purpose without having to change the name on the book.
Step 2: Apply to change the purpose of use to residential land
Land users prepare documents to apply for converting land use purposes to residential land.
Note, land users should do so when the locality has a policy to allow the conversion of agricultural land use to residential land. Because currently, many localities are limiting the permission to separate agricultural land plots; not all agricultural land plots are large enough to separate plots.
Changing land use purposes can only be done with the consent of the competent authority, and must fully meet the conditions on land planning of the locality.
Procedures for converting agricultural land to residential land
Step 1: Application for change of land use purpose
The dossier includes: Application for change of land use purpose according to the prescribed form; red book or pink book; other relevant documents as required by the competent authority (for example: copy of documents proving land use rights, documents proving reasonable land use purpose).
In addition, it is necessary to prepare additional documents as required by the district-level People's Committee or the Land Registration Office when necessary.
Step 2: Submit the application to the One-stop Department of the District People's Committee or the Land Registration Office
After preparing all documents, the land user must submit to the One-stop Department of the district-level People's Committee or the Land Registration Office to carry out procedures for changing the land use purpose.
Step 3: The competent authority inspects, appraises the dossier and fulfills financial obligations (if any).
The competent authority will appraise the application for land use purpose conversion. If necessary, additional documents or related information will be required. If the dossier is valid, the land user will have to fulfill financial obligations, including taxes, land use conversion fees or taxes related to the value of land use rights transfer. These fees will be specifically announced in the notification from the competent authority.
Step 4: Receive the decision allowing the change of land use purpose and update information in the land book.
After completing the procedures and financial obligations, the land user will receive a decision allowing the conversion of land use purposes from agricultural land to residential land. The information will be updated in the land register and issued a new red book, pink book (if any).
