Conditions for converting agricultural land to residential land
Lawyer Tran Tuan Anh - Director of Bright Legal Law Firm advises as follows: According to Clause 5, Article 116 of the 2024 Land Law, households and individuals are allowed to change the land use purpose of agricultural land in residential areas, agricultural land in the same land plot with residential land to residential land if it is in accordance with the land use plan approved by competent authorities.
However, for rice land and forestry land, land use purposes can only be changed to other purposes after a Resolution of the Provincial People's Council is issued.
According to the above regulations, households and individuals are allowed to convert the land use purpose of agricultural land to residential land if it is consistent with the approved land use plan. Specifically for rice land and forestry land, land use purposes can only be changed to other purposes after a Resolution of the Provincial People's Council is issued.
Procedures for converting agricultural land to residential land
Procedures for converting agricultural land to residential land are specified in Article 227 of the 2024 Land Law as follows:
Cases of changing land use purposes that must be permitted by competent state agencies must be carried out in the following order and procedures:
- 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 right transfer and changing land use purpose, the procedure for registering land use right transfer is carried out simultaneously with the procedure for changing land use purpose according to regulations.
