Conditions for converting agricultural land to residential land
According to Clause 5, Article 116 of the 2024 Land Law, households and individuals are allowed to change the land use purpose of agricultural land in residential areas, agricultural land in the same land plot with residential land to residential land if it is consistent with district-level land use planning or general planning or zoning planning according to the provisions of urban planning law approved by competent authorities.
Accordingly, the district-level land use plan is stipulated in Article 62 of the 2024 Land Law as 10 years (20-year vision). And the district-level land use plan is made annually.
However, for rice land and forestry land, land use purposes can only be changed to other purposes after a Resolution of the Provincial People's Council is issued.
According to the above regulations, households and individuals are allowed to change the land use purpose of agricultural land to residential land if it is consistent with the approved district-level land use plan. Specifically for rice land and forestry land, land use purposes can only be changed to other purposes after a Resolution of the Provincial People's Council is issued.
Authority to allow conversion of agricultural land to residential land
According to the provisions of point m, clause 1, Article 5 of Decree 151/2025/ND-CP (corrected in Decision 2418/QD-BNNMT in 2025), it is stipulated:
Article 5. The authority of the District People's Committee, the Chairman of the District People's Committee is transferred to the Chairman of the Commune People's Committee.
1. The authority of the District-level People's Committee according to the provisions of the Land Law transferred to the Chairman of the Commune-level People's Committee to implement, including:
m) Decisions on land allocation, land lease, and permission to change land use purposes for individuals specified in point a, clause 2, Article 123 of the Land Law; decisions on land allocation to residential communities specified in point b, clause 2, Article 123 of the Land Law; decisions on agricultural land allocation to individuals specified in point b, clause 2, Article 178 of the Land Law;
According to the above regulations, from July 1, 2025, the authority to allow the conversion of agricultural land use purposes to residential land for individuals belongs to the authority of the commune-level People's Committee.
