To understand the regulations on land use purpose conversion, readers can refer to the article below.
The 2024 Land Law and its implementing documents do not have any documents regulating the limit (maximum area) for changing land use purposes. Regarding the change of land use purposes, there will be regulations on the authority to permit the change of purpose, the authority to decide and approve planning and land use plans at the local level:
Authority to permit change of land use purpose
Pursuant to Article 123 of the 2024 Land Law, the authority to permit the change of land use purpose is prescribed as follows:
- The Provincial People's Committee decides to allocate land, lease land, and permit change of land use purpose in the following cases:
+ Land allocation, land lease, permission to change land use purpose for domestic organizations;
+ Land allocation and lease to religious organizations and affiliated religious organizations;
+ Land allocation and lease to Vietnamese people residing abroad and economic organizations with foreign investment capital;
+ Land lease for foreign organizations with diplomatic functions.
- The People's Committee at district level decides to allocate land, lease land, and permit change of land use purpose in the following cases:
+ Land allocation, land lease, permission to change land use purpose for individuals. In case of land lease to individuals, permission to change the purpose of agricultural land use for commercial and service purposes with an area of 0.5 ha or more, there must be written approval from the Provincial People's Committee before making a decision;
+ Land allocation to residential communities.
- The People's Committee at the commune level leases land from the agricultural land fund for public purposes of the commune, ward, or town.
- The competent state agency that allocates land, leases land, and permits change of land use purpose as prescribed in Clause 1 and Clause 2 of this Article is the competent agency that decides to adjust and extend land use in cases where the land user has a decision to allocate land, lease land, or permit change of land use purpose before the effective date of this Law and in cases where a decision to allocate land, lease land, or permit change of land use purpose is made in accordance with the provisions of this Law.
- The competent state agencies specified in Clauses 1, 2 and 4 of this Article shall not be decentralized or authorized.
Note: District and provincial People's Committees are not authorized to decide on permission to change land use purposes.
Authority to decide and approve land use planning and plans
According to Article 72 of the 2024 Land Law, the authority to decide and approve land use planning and plans is stipulated as follows:
- The authority to decide and approve national land use planning, national defense land use planning, and security land use planning shall comply with the provisions of the Law on Planning.
- The Government approves the national land use plan.
- The Prime Minister approves provincial land use planning and provincial land use plans for centrally-run cities that do not have to establish provincial land use planning.
- The People's Committee at the provincial level approves the district-level land use planning and annual district-level land use plans.
- Before approving the annual land use plan at the district level, the provincial People's Committee shall submit to the provincial People's Council for approval a list of works and projects requiring land recovery, including land recovery projects for auctioning land use rights, bidding to select investors to implement projects using land; projects requiring land use purpose conversion with areas of rice-growing land, special-use forest land, protective forest land, and production forest land according to the plan, except for the cases specified in Clause 4, Article 67 of this Law.
