Citizens should send questions to the Ministry of Agriculture and Environment asking for legal basis to allow individuals to change the purpose of land use from agricultural land to residential land according to the 2024 Land Law, in the case of agricultural land plots outside residential areas.
Responding to this content, the Ministry of Agriculture and Environment said:
- The conversion of agricultural land use to residential land must be permitted by a competent state agency according to the provisions of Point b, Clause 1, Article 121 of the 2024 Land Law;
- In case the land plot is not located in a residential area, the basis for changing the land use purpose is stipulated in Clause 6, Article 116 of the 2024 Land Law and Clause 6, Article 4 of Decree No. 226/2025/ND-CP dated August 15, 2025 of the Government on amending and supplementing a number of articles of Decree No. 102/2024/ND-CP dated July 30, 2024 of the Government detailing the implementation of a number of articles of the Land Law.
Specifically: "Based on land allocation, land lease, and permission to change land use purposes in cases not subject to investment policy approval, investor approval according to investment law is commune-level land use planning or planning established in accordance with the provisions of law on urban and rural planning approved by competent authorities" and the procedures for changing land use purposes are specified in Section I, Part III of the Appendix issued with Decree No. 151/2025/ND-CP.
The Ministry requests citizens to have documents and related records and documents attached to send to the People's Committees at the commune level for guidance and resolution according to their authority.
