Basis for permission to change land use purpose
Article 116 of the 2024 Land Law stipulates the basis for allowing land use purpose conversion 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 auction of land use rights, land recovery projects in the year, resettlement projects, production land expected to compensate people whose land is recovered, the basis is:
Approved annual district-level land use plan and investment decision or;
The decision to approve the investment policy is simultaneously with the decision to approve the 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 decisions in accordance with regulations on public investment or;
The decision to approve the investment policy is simultaneously with the decision to approve the investor or;
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-residential non-agricultural land converted to residential land: Considered according to the district-level land use planning/general planning/zoning planning approved by the competent authority.
Procedures for converting garden land to residential land
According to Article 227 of the 2024 Land Law, the procedures for changing land use purposes are as follows:
Step 1. Submit application for change of land use purpose according to regulations.
Step 2. The competent authority shall check the conditions for changing the land use purpose. In case the dossier is not yet secured, the land user shall supplement the dossier and resubmit it to the land management agency.
Step 3. After submitting a complete application, the competent land management agency prepares a dossier and submits 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 file to the Office/branch of the Land Registration Office to carry out the registration, issue the Book, 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 purposes, the procedure for registering the transfer of land use rights will be carried out at the same time as the procedure for changing land use purposes according to regulations.
