Clause 3, Article 122 of the Land Law stipulates that permission to change land use purpose to implement commercial housing construction investment projects must meet the following conditions:
- The conditions specified in Clause 2 of this Article.
- People who are permitted by the State to change land use purposes have the right to use residential land or residential land and other land.
- In accordance with the planning, land use plan, construction planning, urban planning, housing development programs and plans of the locality and not falling under the case of the State reclaiming land for national defense and security purposes, reclaiming land for socio-economic development for national and public interests as prescribed in Articles 78 and 79 of this Law.
- There is a document approving the investment policy and approving the investor from a competent authority according to the provisions of the law on investment.
Thus, in addition to the general conditions mentioned above, organizations and individuals applying for land use purpose change must have the right to use residential land and other land. The project must also be consistent with local land use and housing development plans and must not be subject to land revocation for reasons of national defense, security, or socio-economic development for national interests.
It is indispensable to have a written approval of investment policy from a competent authority to carry out a commercial housing construction investment project.
