Pursuant to Clause 5, Article 116 of the 2024 Land Law, the basis for land allocation, land lease, and permission to change land use purposes is as follows: (with the phrase replaced by Point a, Clause 2, Article 57 of the Law on Urban and Rural Planning 2024)
Article 116. Bases for land allocation, land lease, and permission to change land use purposes
4. In case the decision or approval of the project investment policy is divided according to the progress period or the progress of land recovery, compensation, support and resettlement according to the progress, the competent state agency allocating land and leasing land shall decide on the land allocation and lease according to the progress of the investment project, the progress of land recovery, compensation, support and resettlement.
5. Pursuant 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.
6. The basis for land allocation, land lease, and permission to change land use purposes in cases not subject to investment policy approval and investor approval under the law on investment shall be implemented in accordance with Government regulations.
7. The Government stipulates in detail the allocation of land, land lease, and change of land use purpose.
Thus, for land plots with both residential land and agricultural land, when wanting to be converted to residential land, they must comply with the district-level land use planning or general planning or zoning planning according to the provisions of law on urban and rural planning approved by competent authorities.
Note: District-level land use planning will no longer exist when operating a 2-level local government. However, it will still be used after merging provinces and communes until new regulations are issued.
