Pursuant to Section 1, Part B, Part II of the Procedures issued with Decision 3380/QD-BNNMT in 2025, the procedures for converting garden land to residential land at the commune level (applicable from August 25, 2025) are as follows:
Step 1: The candidate submits the application to the Public Administration Service Center.
When submitting the application, the dossier submitter can choose to submit a copy of the document and present the original to the dossier receiving officer for inspection, comparison or submit the original document or submit a certified or certified copy of the document according to the provisions of the law on notarization and certification. In case of submitting the application online, the application must be digitized from the original or a certified and certified copy of the document.
In case the Public Administration Service Center receives the dossier, the dossier shall be transferred to the specialized agency on agriculture and environment at the commune level.
Step 2: The specialized agency for agriculture and environment at the commune level implements:
- Request the Land Registration Office or the Branch of the Land Registration Office to provide information about the land database, make an extract of a cadastral map of the land plot in case the dossier is complete and valid.
- instruct the dossier submitter to supplement the cadastral survey of the land plot for the land plot in a place without a cadastral map according to regulations or re-make the dossier or supplement the dossier and submit it to the specialized agricultural and environmental agency at the commune level in case the dossier is incomplete or invalid.
- Review and check records; inspect the field; locally inspect the current status of the forest between records and the expected land allocation in cases of land allocation and forest allocation; check the land use plan for cases of changing the purpose of using specialized rice-growing land (if any).
- Preside over and coordinate with relevant agencies to determine cases of exemption from land use fees and land rents (if any).
- Complete the dossier to submit to the Chairman of the People's Committee at the commune level...
Step 3: The Chairman of the People's Committee at the commune level shall consider issuing a decision allowing the conversion of garden land use to residential land.
Step 4: Pay land use fees according to regulations (applicable to cases where land users have to pay land use fees, land rents, pay a sum of money for the State to supplement the lost rice-growing specialized land area or increase the efficiency of rice-growing land use (if any)".
Step 5: Commune-level specialized agencies on agriculture and environment:
- Submit or transfer to competent authorities to sign a Certificate or confirm changes to the Certificate according to the provisions of land law;
- Transfer the file to the Land Registration Office or Branch of the Land Registration Office.
- The handover of land or handover of land and handover of forests on site shall comply with Form No. 24 issued with Decree 151/2025/ND-CP and shall be granted a Certificate to the land user.
Step 6: Land registration office or Branch of the Land registration office:
- Issuing a new Certificate or confirming changes on the issued Certificate in cases under the authority assigned according to the provisions of the land law.
- Update and edit the land database, cadastral records and transfer the Certificate to the dossier receiving agency for payment.
