How to convert perennial land use to residential land Latest

Thu Giang |

The order and procedures for converting the purpose of using perennial land to residential land are of interest to readers.

A reader (in Bac Ninh) said that he is completing procedures to convert the land use purpose from perennial land to residential land. Currently, the land plot is located in the old residential area, agricultural land in the same plot of land is residential land in households and individuals.

Readers ask what are the above procedures for converting land use purposes, which agency is competent to sign the Certificate of Use Rights for this change? Can the new Certificate or the adjusted Certificate be printed on page 4 of the old Certificate?

Responding to this case, the Ministry of Agriculture and Environment said that regarding the procedures for converting land use purposes, according to the provisions of Point b, Clause 1, Article 121 of the 2024 Land Law, the conversion of land use purposes from perennial crop land (CLN) to residential land (ONT) subject to land use purpose conversion must be permitted by a competent State agency.

According to the provisions of Clause 5, Article 116 of the 2024 Land Law, the basis for allowing the conversion of agricultural land use purposes in residential areas, agricultural land in the same plot of land with residential land to residential land or the conversion of non-agricultural land use purposes other than residential land to residential land for households and individuals is district-level land use planning or general planning or zoning planning according to the provisions of the law on urban planning approved by competent authorities.

The procedure for converting land use purposes is implemented according to the provisions of Clauses 2, 3, 4, 6, Article 44 of Decree No. 102/2024/ND-CP dated July 30, 2024 of the Government detailing the implementation of a number of articles of the Land Law.

However, the Government has signed and issued Decree No. 151/2025/ND-CP dated June 12, 2025 regulating the determination of the authority of local authorities at 02 levels, decentralization and delegation in the land sector (effective from July 1, 2025), the order and procedures for changing land use purposes are specifically specified in Section I, Part III issued with Decree No. 151/2025/ND-CP.

Regarding the content related to the Certificate, the content reflected by readers is a specific case, under the authority of local agencies. Accordingly, the Ministry of Agriculture and Environment has no basis to give a specific answer.

The Ministry has the following principles:

The authority to issue Certificates and confirm changes in cases of registration of changes on the Certificate is stipulated in Article 136 of the 2024 Land Law.

For individuals and communities, the People's Committee of the district shall issue a Certificate for the first time, register changes implemented by the Branch of the Land Registration Office or the Land Registration Office.

The confirmation on the issued Certificate or the issuance of a new Certificate of land use rights and ownership of assets attached to land shall be carried out according to the needs of the land user or owner of assets attached to land as prescribed in Clause 2, Article 133 of the 2024 Land Law.

The Ministry of Agriculture and Environment informs readers and contact competent authorities in the locality to resolve the matter according to regulations.

Thu Giang
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