On the Government Portal, citizens ask:
Mr. N.D. T (Hanoi) submitted a dossier requesting land use purpose conversion and was informed by officials of the Economic Department of the commune that it is not yet known whether the land allocation limit in the locality will be the minimum land allocation limit or the maximum limit (according to Decision No. 61/2024/QD-UBND) to implement the reduction of land use fees.
Mr. T asked, so how is the land allocation limit determined?
The Ministry of Agriculture and Environment answers this question as follows:
Clause 2, Article 195 and Clause 2, Article 196 of the 2024 Land Law stipulate that based on the land fund and the actual situation of the locality, the Provincial People's Committee shall stipulate the land allocation limit for residential land for individuals in rural and urban areas.
At the same time, on January 31, 2026, the Government issued Decree No. 49/2026/ND-CP detailing and guiding a number of articles of Resolution No. 254/2025/QH15 of the National Assembly stipulating a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law, which has stipulated the decentralization of authority to provincial-level People's Committees to regulate the order and administrative procedures on land (in Article 15 of Decree No. 49/2026/ND-CP).
The calculation of land use fees and determination of residential land allocation limits for households and individuals when changing land use purposes from garden land, pond land, agricultural land to residential land specified in point c, clause 2, Article 10 of Resolution No. 254/2025/QH15 shall be implemented in accordance with the provisions of Article 6 of Decree No. 50/2026/ND-CP dated January 31, 2026 of the Government detailing a number of articles of Resolution No. 254/2025/QH15.
Based on the above regulations, regarding the recommendations related to Decision No. 61/2024/QD-UBND of the Hanoi City People's Committee and the order and procedures for applying for purpose conversion in the locality, it is requested that you contact the local land management agency for guidance and information provided according to regulations.
