According to Article 121 of the 2024 Land Law, the case of converting agricultural land to non-agricultural land is a case of changing land use purposes that must be permitted by a competent state agency.
Therefore, when converting agricultural land to residential land in 2026, permission must be obtained from a competent authority.
Regarding procedures, the steps to convert agricultural land to residential land in 2026 are implemented according to the provisions of Article 227 of the 2024 Land Law, specifically as follows:
- Land users submit dossiers requesting land use purpose conversion according to regulations.
- Land management agencies inspect the conditions for changing land use purposes. In case the dossier does not meet the regulations, guide land users to supplement the dossier and submit it to the land management agency.
- Agencies with land management functions are responsible for the following:
+ For cases of applying land prices in the land price list to calculate land use fees and land rents, the land management agency shall prepare dossiers and submit them to the competent People's Committee for promulgation of decisions allowing land use purpose conversion, land allocation, and land lease;
+ For cases of determining specific land prices to calculate land use fees and land rents, land management agencies shall prepare dossiers and submit them to the competent People's Committee for promulgation of decisions allowing land use purpose conversion, land allocation, and land lease; organize the determination of land prices, and submit them to competent agencies for approval of land prices for calculating land use fees and land rents.
- Land users pay land use fees and land rent according to the provisions of law; in case of land use fee and land rent reduction, the land use fee and land rent collection agency shall reduce land use fees and land rent for land users.
- Land management agencies sign land lease contracts for cases where the State leases land; transfer dossiers to land registration organizations or branches of land registration organizations to carry out the registration and issuance of Certificates of land use rights, ownership of assets attached to land, update and edit land databases, cadastral records and award Certificates of land use rights, ownership of assets attached to land to land users.
- In case of receiving land use rights transfer and changing land use purposes, the procedure for registering land use rights transfer is carried out simultaneously with the procedure for changing land use purposes according to the provisions of Article 227 of the 2024 Land Law.
- Principles of land use are stipulated in Article 5 of the 2024 Land Law as follows:
+ Correct land use purpose.
+ Sustainable, economical, and effective for land and resources on the surface and underground.
+ Protecting the soil, protecting the environment, adapting to climate change, not abusing pesticides and chemical fertilizers to cause soil pollution and degradation.
+ Exercise the rights and obligations of land users within the land use term according to the provisions of this Law and other relevant legal regulations; not to infringe upon the legitimate rights and interests of adjacent and surrounding land users.
