Can agricultural land be converted to residential land?
According to Clause 2, Article 9 of the 2024 Land Law, based on the purpose of use, agricultural land includes the following types of land:
- Land for growing annual crops, including rice land and land for growing other annual crops; Land for growing perennial crops; Forestry land, including special-use forest land, protective forest land, production forest land; Aquaculture land; Concentrated livestock land; Salt-making land; Other agricultural land.
According to Point b, Clause 1, Article 121 of the 2024 Land Law, when converting agricultural land to non-agricultural land (including residential land) it must be permitted by a competent State agency.
When converting the purpose of using agricultural land to residential land, the land user must fulfill financial obligations according to the provisions of law; the land use regime, rights and obligations of the land user are applied according to the type of land after changing the purpose of use.
Documents to prepare when converting agricultural land to residential land
Pursuant to Clause 2, 5, Article 44 and Article 48 of Decree 102/2024/ND-CP, when a household or individual wants to change the purpose of land use (in case of having to request permission), they need to prepare a set of documents as follows:
- In case of not being subject to investment policy approval, investor approval according to the law on investment, it is necessary to prepare:
Application for change of purpose of use according to Form 02c in the Appendix issued with Decree 102/2024/ND-CP.
- In case of investment policy approval, investor approval according to the law on investment, it is necessary to prepare:
Application for change of land use purpose according to Form 02c in the Appendix issued with Decree 102/2024/ND-CP;
Copies of documents approving investment projects, investment policy approval decisions, investment policy approval decisions and investor approval at the same time according to the provisions of law on public investment, law on investment; documents approving investor selection results for investment projects under the public-private partnership method (if any);
One of the certificates specified in Clause 21, Article 3, Clause 3, Article 256 of the 2024 Land Law or one of the types of documents specified in Article 137 of the 2024 Land Law or a decision on land allocation, a decision on land lease, a decision allowing the change of land use purpose by a competent state agency according to the provisions of the law on land through the periods.
