Consulting on this case, Lawyer Tran Tuan Anh - Director of Bright Legal Law Firm - said as follows:
According to Point b, Clause 1, Article 121 of the 2024 Land Law, the conversion of agricultural land use purposes to non-agricultural land must be permitted by a competent state agency.
In which, non-agricultural land includes residential land, including rural residential land, urban residential land (also known as residential land).
Currently, the permission to change the purpose of land use from agricultural land to residential land is implemented by the People's Committee at the district level.
However, from July 1, 2025, the district level has officially stopped operating to organize a 2-level local government model.
According to the provisions of Point m, Clause 1, Article 5 of Decree 151/2025/ND-CP, the authority of the People's Committee at the district level, the Chairman of the People's Committee at the district level shall be transferred to the Chairman of the People's Committee at the commune level:
Decision on land allocation, land lease, and permission to change land use purpose for individuals specified in Point c, Clause 1 and Point a, Clause 2, Article 123 of the Land Law; decision on land allocation for residential communities specified in Point b, Clause 2, Article 123 of the Land Law; decision on agricultural land allocation to individuals specified in Point b, Clause 2, Article 178 of the Land Law.
According to the above regulations, from July 1, 2025, the authority to permit the conversion of agricultural land use to residential land for individuals under the authority of the People's Committee at the commune level.
