Conditions for converting agricultural land to residential land
According to Clause 5, Article 116 of the 2024 Land Law, households and individuals are allowed to change the purpose of using agricultural land in residential areas, agricultural land in the same plot of land with residential land to residential land if it is consistent with the district-level land use planning or general planning or zoning planning according to the provisions of the law on urban planning approved by competent authorities.
Previously, according to Article 52 of the 2013 Land Law, the basis for allowing land use purpose conversion was the annual land use plan of the district level approved by a competent state agency.
From the above regulations, it can be seen that from August 1, 2024, the basis for allowing the conversion of agricultural land use to residential land use is the district-level land use plan instead of the annual district-level land use plan as before.
Accordingly, the district-level land use planning stipulated in Article 62 of the 2024 Land Law is 10 years (20-year vision). And the district-level land use plan is prepared annually.
Thus, households and individuals are allowed to change the purpose of using agricultural land to residential land if it is consistent with the approved district-level land use planning.
Detailed regulations on land types in the agricultural land group
Article 4 of Decree 102/2024/ND-CP details the types of land in the agricultural land group, including:
- Land for growing annual crops is land for growing crops that are sown, harvested and end their production cycle within a period of no more than one year, including annual crops whose roots are retained. Land for growing annual crops includes land for growing rice and land for growing other annual crops, specifically as follows:
+ Rice-growing land is land for growing one or more rice crops or for growing rice in combination with other land uses permitted by law but mainly for growing rice. Rice-growing land includes land specialized for growing rice and remaining rice-growing land, in which specialized rice-growing land is land for growing two or more rice crops;
+ Land for growing other annual crops is land for growing annual crops other than rice.
- Perennial land is land used for growing plants that are sown once, grow for many years and are harvested one or more times.
- Forestry land is the type of land used for the purpose of managing, protecting and developing special-use forests, protective forests and production forests according to the provisions of forestry law, specifically classified as follows:
+ Special-use forest land is land on which there are special-use forests according to the provisions of the law on forestry, land that has been allocated for the development of special-use forests;
+ Protective forest land is land on which there are protective forests according to the provisions of the law on forestry, land that has been allocated for the development of protective forests;
+ Production forest land is land on which there are production forests according to the provisions of the law on forestry, land that has been allocated, leased, or changed in purpose to develop production forests.
- Aquaculture land is land used specifically for the purpose of aquaculture.
- Concentrated livestock land is land for building concentrated livestock farms in separate areas according to the provisions of the law on livestock farming.
- Salt land is land used for the purpose of producing salt from seawater.
- Other agricultural land includes:
+ Land for cultivating seedlings, animal breeds and land for growing flowers and ornamental plants; land for growing crops, raising livestock, and raising aquatic products for the purpose of studying, researching, experimenting, and practicing;
+ Land for building greenhouses and other types of houses for the purpose of growing crops and raising livestock, including forms of growing crops and raising livestock not directly on the land;
+ Land for construction of works attached to agricultural production areas including land for construction of rest houses, sheds, and camps to serve workers; land for construction of works to preserve agricultural products, store pesticides, fertilizers, machinery, tools, and other auxiliary works.
