A household in An Giang reflected that around 2000, the family had nearly 10,000m2 of agricultural land planned for a cultural residential area. After the land acquisition process for compensation, the remaining area of the family was nearly 500m2.
According to reports, after the locality revoked the old land use right certificate, the family was re-issued a new certificate with an area of nearly 500m2. However, the land use purpose was still recorded as "rice land".
People said that from that time until now, because the land plot is located in the middle of a residential area, the family cannot cultivate. In 2008, the mother of the complainant built a house on this land for her children to live in. Currently, the family has a need to change the land use purpose to residential land for their children, and at the same time requested to clarify whether this case is entitled to preferential policies or not.
Answering this content, the Ministry of Agriculture and Environment said that the basis for land allocation, land lease, and permission to change land use purposes is stipulated in Article 116 of the 2024 Land Law, which has been amended and supplemented in point a, clause 2, Article 57 of the 2024 Urban and Rural Planning Law.
According to regulations, the basis for allowing the conversion of agricultural land use purposes in residential areas, agricultural land in the same land plot with residential land to residential land or conversion of non-agricultural land types that are not residential land to residential land for households and individuals is district-level land use planning or general planning, zoning planning approved by competent authorities.
The Ministry of Agriculture and Environment also said that the conversion of agricultural land to non-agricultural land in cases of changing land use purposes must be permitted by a competent state agency according to the provisions of point b, clause 1, Article 121 of the Land Law.
Regarding the authority to allow land use purpose conversion, this content is stipulated in Article 14 of Decree No. 49/2026/ND-CP dated January 31, 2026 of the Government on decentralizing authority to provincial-level People's Committees to implement in the field of land.
Regarding the order and administrative procedures for land, Clause 1, Article 15 of Decree No. 49/2026/ND-CP stipulates that the Provincial People's Committee promulgates the order and administrative procedures for land, including procedures for allowing land use purpose conversion.
The Ministry of Agriculture and Environment added that the financial obligations of land users when changing land use purposes are implemented according to Clause 2, Article 121 of the Land Law.
However, due to the lack of specific records, while the reflected content shows that households and individuals have been granted land use right certificates with an area of 500m2, the purpose of use is rice land but have converted a part of the area to residential land, the Ministry of Agriculture and Environment requests people to contact the commune-level People's Committee where the land is located.
This agency will guide, consider and resolve according to its authority, ensuring compliance with the provisions of current land law.
