Citizens send questions to the Ministry of Agriculture and Environment with the content:
I am currently using a land plot that has been granted a Certificate of land use rights, ownership of assets attached to land, with the purpose of use being other annual crop land. Now my family has a need to change the land use purpose.
According to the general plan and construction plan of the locality, the above-mentioned land plot is located in a mixed residential land planning area with commercial and service land.
We respectfully request the Ministry of Agriculture and Environment to know: Is my family allowed to choose one of two types of land (residential land or commercial and service land) to change land use purposes? If not allowed to choose, what type of land is allowed to change land use purposes according to the provisions of law?
Answering this content, the Ministry of Agriculture and Environment said:
- Clause 5, Article 116 of the 2024 Land Law stipulates: "5. Based on the permission to convert the land use purpose of agricultural land in residential areas, agricultural land in the same land plot with residential land to residential land or convert the land use purpose of non-agricultural land that is not residential land to residential land for households and individuals who are district-level land use plans or general plans or zoning plans according to the provisions of law on urban planning approved by competent authorities".
- Clause 6, Article 116 of the 2024 Land Law stipulates: "6. Based on land allocation, land lease, and permission to change land use purposes for cases not subject to investment policy approval, investor approval according to investment laws shall be implemented in accordance with the Government's regulations.
- Clause 6, Article 44 of Decree No. 226/2025/ND-CP dated August 15, 2025 stipulates: "Article 44. Based on land allocation, land lease, permission to change land use purpose for cases not subject to investment policy approval, investor approval according to investment law.
Based on land allocation, land lease, and permission to change land use purposes for cases that are not eligible for investment policy approval, investor approval according to investment law is commune-level land use planning or planning established according to the provisions of urban and rural planning law that has been approved by competent authorities".
Based on the above regulations, the Ministry of Agriculture and Environment said that citizens are allowed to change land use purposes from other annual crop land to land use purposes planned in the plan that has been approved by competent authorities. The Ministry requests your citizen to have documents and accompanying documents sent to the land management agency in the locality for guidance, consideration and resolution according to regulations and in accordance with authority.
