A resident with a garden plot in a remote, isolated commune, border area. In 2014, this person built a solid house on the above land.
After learning about legal regulations, people realized that building houses on garden land is not in accordance with current regulations. Therefore, people requested functional agencies to guide whether or not to carry out procedures to change land use purposes from garden land to residential land.
In case of land use purpose conversion, people want to know what conditions need to be met, and how the dossiers and procedures will be implemented. If land use purpose conversion is not possible, people request guidance on the transfer of land according to legal regulations.
Answering this content, the Ministry of Agriculture and Environment said that according to Clause 5, Article 116 of the Land Law, agencies and competent persons will base on district-level land use planning or general planning, zoning planning according to the provisions of law on urban planning that has been approved by competent authorities.
This is the basis for considering and deciding to allow the conversion of agricultural land use purposes in residential areas, agricultural land in the same land plot with residential land to residential land for households and individuals.
The Ministry of Agriculture and Environment also cited the provisions in Clause 1, Article 14 and Article 15 of Decree No. 49/2026/ND-CP of the Government. Accordingly, the Provincial People's Committee has the authority to decide on land allocation, land lease, and permission to change land use purposes.
The Provincial People's Committee also decides on the decentralization and authorization of agencies and people with authority to implement these contents.
In addition, the Provincial People's Committee is responsible for regulating the order and administrative procedures for land in the locality, including the order and procedures for changing land use purposes.
Thus, for cases where people want to convert garden land to residential land, the consideration of whether to convert land use purposes or not depends on the approved plan and the authority to resolve it in the locality.
People need to contact competent authorities in their localities for specific guidance on dossiers, procedures, and related financial obligations in the implementation process.
