Mr. L.C.C in Ninh Binh said that his family is using a land plot of 437.4 m2 including 3 types of land: residential land in rural areas 243.2 m2 (long-term use); perennial crop land 144 m2 (used until October 15, 2063); aquaculture land 50.2 m2 (used until October 15, 2063) according to the red book issued on August 23, 2024.
Currently, Mr. C's family has a need to convert all land for perennial crops and aquaculture land into residential land for the purpose of building a house.
He requested functional agencies to guide the administrative procedures to be carried out and the focal point of the agency to contact for reception and handling. He also wants to know, what financial obligations he needs to fulfill?
Regarding this issue, the Ministry of Agriculture and Environment has the following opinions:
According to point b, clause 1, Article 121 of the 2024 Land Law, the conversion of land use purpose from agricultural land to non-agricultural land (rural residential land) is subject to permission from a competent state agency.
According to the provisions of Clause 5, Article 116 of the 2024 Land Law, the basis for allowing the conversion of agricultural land use purposes in residential areas, agricultural land in the same residential land plot to residential land or the conversion of non-agricultural land types that are not residential land to residential land for households and individuals is district-level land use planning or general planning or zoning planning according to the provisions of urban planning law approved by competent authorities.
According to the provisions of Clause 2, Article 22 of Decree No. 151/2025/ND-CP, commune-level administrative units after arrangement can continue to use district-level land use planning, district-level annual land use plan or plans prepared according to the provisions of law on urban and rural planning that have been approved by competent state agencies according to the provisions of law before July 1, 2025 in the area or land use targets in the land allocation and zoning plan of the provincial plan allocated to commune-level administrative units after arrangement to serve as a basis for performing state management tasks on land until the work of reviewing and preparing land use plans and plans according to new administrative units is completed.
The order and procedures for changing land use purposes have been detailed in Section I, Part III, Appendix I, issued together with Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government stipulating the decentralization of authority of local authorities at 02 levels, decentralization, and decentralization in the field of land (amended and supplemented in Decree No. 226/2025/ND-CP dated August 15, 2025 of the Government amending and supplementing a number of articles of decrees detailing the implementation of the Land Law).
Based on the above regulations, the Ministry of Agriculture and Environment has issued Decision No. 3380/QD-BNNMT dated August 25, 2025 on announcing newly issued administrative procedures; being amended and supplemented in the field of land within the scope of state management functions of the Ministry of Agriculture and Environment, in which the procedure for changing land use purposes for individuals is carried out by the Chairman of the Commune-level People's Committee (according to the provisions at point m, clause 1, Article 5 of Decree No. 151/2025/ND-CP) applying Administrative Procedure No. 1.013949.
Clause 4, Article 12 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 stipulates:
Based on specific conditions in the locality, the Provincial People's Committee decides on the agency receiving and returning the results of administrative procedure resolution according to regulations and rules on receiving and rotating dossiers, resolving and returning the results of administrative procedure resolution, the time to perform the steps of work in the order and administrative procedures on land of each relevant agency and unit; the simultaneous implementation of administrative procedures (if any); the inter-agency resolution between relevant agencies according to the one-stop mechanism to ensure time according to the provisions of law; publicizing administrative procedures and the selection of dossier submitting locations to ensure time and cost savings for organizations, individuals, and competent agencies in resolving administrative procedures but not exceeding the total time to implement procedures according to the provisions of this Decree.
Point a, Clause 4, Article 9 of Decree No. 151/2025/ND-CP has decentralized the authority to decide on the tasks specified in Clause 4, Article 12 of Decree No. 102/2024/ND-CP from the Provincial People's Committee to the Chairman of the Provincial People's Committee for implementation.
The calculation of land use fees when implementing land use purpose conversion is carried out according to the provisions of Decree No. 103/2024/ND-CP dated July 30, 2024 of the Government regulating land use fees and land rent. This Decree is chaired by the Ministry of Finance for advice. Therefore, in case of problems related to land use fees when changing land use purposes, it is respectfully requested that you contact the financial agency for guidance according to your authority.
Because this is a specific case, it is requested that he contact the land management agency, the local financial agency for specific guidance.
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