A resident in Hai Phong reflected that his family is in need of changing land use purposes from agricultural land to residential land but does not clearly know the conditions, dossiers and competent authorities to resolve according to current regulations.
Regarding this content, the Ministry of Agriculture and Environment said that according to the provisions of the 2024 Land Law, the conversion of agricultural land to residential land must be permitted by a competent State agency.
Point b, Clause 1, Article 121 of the 2024 Land Law stipulates that the conversion of land use purposes from agricultural land to non-agricultural land, including residential land, must be approved by a competent authority before implementation.
According to the Ministry of Agriculture and Environment, one of the important bases for considering allowing land use purpose conversion is the approved land use plan and plan.
Clause 5, Article 116 of the 2024 Land Law clearly states that for households and individuals, the basis for allowing the conversion of agricultural land to residential land is district-level land use planning or general planning, zoning planning according to the provisions of law on urban and rural planning.
This means that even if people have real needs, if the land plot is not in the residential land plan or is not suitable for the land use orientation in the locality, it is still not eligible to change the land use purpose.
The Ministry of Agriculture and Environment also said that after implementing the arrangement of administrative units, the new communes will continue to use the planning and land use plans approved before July 1, 2025 as a basis for resolving administrative procedures on land until the new plan is promulgated.
Regarding the authority to resolve, functional agencies said that the Chairman of the Commune-level People's Committee is the person with the authority to allow the change of land use purpose for households and individuals according to current regulations.
When carrying out procedures, people need to prepare dossiers according to the provisions of land law and submit them to the land dossier receiving agency in the locality. After being approved, land users must fully fulfill financial obligations before being updated with changes on the Certificate of Land Use Rights.
According to regulations, land use fees when converting from agricultural land to residential land are calculated based on the converted purpose area, land price, land type and decisions of competent authorities.
In fact, many people still mistakenly believe that just stable long-term land use is enough to convert to residential land. However, functional agencies emphasize that the consideration still greatly depends on land use planning in the locality.
Some cases of building houses on agricultural land without permission to change land use purposes may also be handled for violations according to legal regulations.
The Ministry of Agriculture and Environment recommends that people should proactively learn about land use planning in their living area, and at the same time contact local land management agencies for specific guidance before carrying out procedures for changing land use purposes, avoiding legal risks and unnecessary costs.
