New regulations on an easy case of converting to residential land
Land Law No. 31/2024/QH15 stipulates two important bases for changing land use purposes in Article 116, including:
- For projects identified in the previous planning year:
+ Approved annual district-level land use plan.
+ Investment decision/decision approving investment policy at the same time as investor approval/decision approving investor/document approving investor selection results (investment project under public-private partnership method).
- Projects not included in the annual district-level land use plan: Investment decision/decision approving investment policy at the same time as investor approval/decision approving investor/document approving investor selection results (investment projects under the public-private partnership method).
- Agricultural land in residential areas, agricultural land in the same plot of land with residential land converted to residential land/non-agricultural land that is not residential land converted to residential land: Approved district-level land use planning/general planning/zoning planning...
Previously, according to the 2013 Land Law, the basis for changing land use purposes was not clearly defined as a document assessing land use needs but rather an application for changing land use purposes showing land use needs.
However, the most notable new point lies in Clause 3, Article 116 of the draft. Accordingly:
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 that are not residential land to residential land for households and individuals is the district-level land use planning or the general planning or the zoning planning according to the provisions of the law on urban planning approved by the competent authority.
This means that if a household or individual is using a plot of land that has both residential and agricultural land, they can convert that agricultural land into residential land without having to depend on the annual land use plan of the district level, but only need to comply with the approved district-level land use plan.
This is good news for households and individuals who are using both residential and agricultural land.
It can be seen that the regulations on conversion to residential land in this case are somewhat more open than in other normal cases. This is also a new content that the 2013 Land Law does not have.
Regulations on cases of conversion to residential land without having to pay land use fees
That is the case in Clause 3, Article 121 of the 2024 Land Law:
In case of using land that originated as residential land or non-agricultural land with a long-term stable land use term in accordance with the provisions of law and has been converted to other purposes, but now there is a need to convert it back to residential land and in accordance with land use planning, land use fees do not have to be paid.
Thus, to avoid paying land use fees when converting to residential land, the following conditions must be met at the same time:
- Land originating from residential land or non-agricultural land used stably and long-term
- Changed to another purpose
- Now there is a need to convert to residential land.
- In accordance with land use planning.
