Who needs permission to convert garden land to residential land?
Currently, according to the provisions of Clause 2, Article 123 of the 2024 Land Law, the People's Committee (PC) at the district level is the competent authority to decide for households and individuals to change land use purposes after receiving the application and the land plot requested for change in accordance with the district-level land use planning.
The current Land Law 2024 does not specifically regulate garden land, however, garden land can be considered a type of agricultural land based on the current purpose of use.
Thus, from August 1, 2024, the basis for allowing the conversion of garden land use to residential land use is the district-level land use plan instead of the annual district-level land use plan as before. The district-level land use plan is stipulated for 10 years (20-year vision), while the district-level land use plan is established annually (based on Article 62 of the 2024 Land Law).
In summary, households and individuals are allowed to change the purpose of using garden land to residential land when there is a clear plan and that plan has been approved, to ensure legality and conformity with urban development planning.
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 according to 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.
