Lawyer Tran Tuan Anh - Director of Bright Legal Law Firm advises as follows:
Procedures for converting land use to residential land
Procedures for converting land use to residential land are stipulated in Article 227 of the 2024 Land Law as follows:
- Land users submit a dossier requesting to change the land use purpose according to regulations.
- The competent land management agency checks the conditions for changing land use purposes. In case the dossier does not meet the regulations, the land user is instructed to supplement the dossier and submit it to the competent land management agency.
- The competent land management agency is responsible for the following:
+ In case of applying land prices in the land price list to calculate land use fees and land rents, the competent land management agency shall prepare a dossier and submit it to the People's Committee at the competent level to issue a decision allowing the change of land use purpose, land allocation and land lease;
+ In case of determining specific land prices to calculate land use fees and land rents, the competent land management agency shall prepare a dossier and submit it to the People's Committee at the competent level to issue a decision allowing the change of land use purpose, land allocation and land lease; organize the determination of land prices and submit them to the competent authority for approval of land prices for calculating land use fees and land rents.
- Land users pay land use fees and land rents according to the provisions of law; in case of reduction in land use fees and land rents, the land use fee and land rent collection agency shall reduce land use fees and land rents for land users.
- The competent land management agency signs a land lease contract in cases where the State leases land; transfers the dossier to the land registration organization or a branch of the land registration organization to carry out the registration, issue a Certificate of land use rights and ownership of assets attached to land, update and correct the land database, cadastral records and issue a Certificate of land use rights and ownership of assets attached to land to the land user.
- In case of receiving the transfer of land use rights and changing the purpose of land use, the procedure for registering the transfer of land use rights must be carried out at the same time as the procedure for changing the purpose of land use according to regulations.
Conditions for allowing land use purpose conversion
- Competent state agencies are only allowed to decide to allocate land, lease land, and permit the conversion of rice-growing land, special-use forest land, protective forest land, and production forest land to other purposes after having a Resolution of the Provincial People's Council and meeting the grounds prescribed in Article 116 of the 2024 Land Law.
The conversion of rice-growing land, special-use forest land, protective forest land, and production forest land to other purposes must comply with the criteria and conditions prescribed by the Government.
- People who are allocated land, leased land, or permitted by the State to change the purpose of land use to implement an investment project must meet the following conditions:
+ Fund or other forms of collateral as prescribed by the law on investment;
+ Have financial capacity to ensure land use according to the progress of the investment project and other conditions as prescribed by relevant laws;
+ Not violating the provisions of the law on land or violating the provisions of the law on land but having completed the implementation of the decision or verdict that has come into legal effect of the competent authority at the time of requesting land allocation, land lease, or permission to change land use purposes. The determination of land users violating the provisions of the law on land applies to all land plots in use nationwide.
- Allowing the change of land use purpose to implement commercial housing construction investment projects must meet the following conditions:
+ The above conditions;
+ People permitted by the State to change the purpose of land use with the right to use residential land or other residential land and land;
+ In accordance with local planning, land use plans, construction planning, urban planning, housing development programs and plans and not subject to State land recovery for national defense and security purposes, land recovery for socio-economic development for national and public interests as prescribed in Articles 78 and 79 of the 2024 Land Law;
+ Having a document approving the investment policy and at the same time approving the investor by a competent authority according to the provisions of the law on investment.
