Consulting on this case, Lawyer Tran Tuan Anh - Director of Bright Legal Law Firm said that according to Clause 3, Clause 5, Article 116 of the 2024 Land Law, the basis for allowing land use purpose change is determined as follows:
- For projects on the list specified in Point b, Clause 3, Article 67 of the 2024 Land Law, based on the annual land use plan at the district level approved by the competent authority and the investment decision according to the provisions of the law on public investment or the decision approving the investment policy at the same time as the investor approval or the decision approving the investor according to the provisions of the law on investment, the law on housing or the document approving the results of investor selection for the investment project under the public-private partnership method.
- For projects specified in Clause 4, Article 67 of the 2024 Land Law, based on the investment decision according to the provisions of the law on public investment or the decision approving the investment policy at the same time as the investor's approval or the decision approving the investor according to the provisions of the law on investment, the law on housing or the document approving the investor selection results for the investment project under the public-private partnership method.
- Subject to the permission to change the purpose of using agricultural land in residential areas, agricultural land in the same plot of land with residential land to residential land or change the purpose of using non-agricultural land other than residential land to residential land for households and individuals that is a district-level land use planning or a general planning or zoning planning according to the provisions of law on urban and rural planning approved by competent authorities.
Lawyer Tran Tuan Anh said that in order to convert agricultural land to non-agricultural land under the 2024 Land Law, land users need to ensure compliance with the approved land use planning and must have a decision approving it by a competent state agency.
Accordingly, Article 121 of the 2024 Land Law clearly stipulates cases of land use purpose conversion that must be permitted by competent state agencies, including:
- Converting rice-growing land, special-use forest land, protective forest land, and production forest land to other types of land in the agricultural land group;
- Converting agricultural land to non-agricultural land;
- Converting other types of land to concentrated livestock land when implementing large-scale concentrated livestock projects;
- Conversion of non-agricultural land allocated by the State without land use fees to other types of non-agricultural land allocated by the State with land use fees or land lease;
- Conversion of non-agricultural land other than residential land to residential land;
- Converting land for construction of public works, land used for public purposes with business purposes to non-agricultural production and business land;
- Converting non-agricultural production and business land that is not commercial or service land to commercial or service land.
