What is non-agricultural land that is not residential land?
According to the 2024 Land Law (effective from August 1, 2024), non-residential non-agricultural land is understood as non-agricultural land not intended for residential purposes. Some typical types of non-agricultural land include:
- Land used for public purposes: land for construction of traffic works, irrigation works, schools, hospitals, etc.
- Land for building headquarters of agencies and public works: land used for state agencies, political organizations, social organizations.
- Land used for national defense and security: includes military barracks, weapons storage areas and defense facilities.
- Land for non-agricultural production and business: used for agricultural production facilities, warehouses and other business establishments.
- Land for construction of energy projects and underground works: used for underground works and renewable energy projects.
- Religious and belief land: for religious establishments, churches, pagodas, or places of belief.
Conversion price of non-agricultural land that is not residential land to residential land applied from August 1, 2024
At Point d, Clause 1, Article 121 of the 2024 Land Law, it is stipulated that in case of changing the purpose of using non-agricultural land other than residential land to residential land, permission must be obtained from a competent state agency.
Land price for converting non-agricultural land into residential land depends on many factors, including:
- Specific land price in the area: This price is determined based on the land price list issued by the provincial People's Committee or market land price depending on the specific case.
- Current land purpose and type: for non-agricultural land that is not residential land, conversion costs depend on the land type and the level of compliance with local land use planning. For example, commercial service land, land for construction of public works.
According to the 2024 Land Law, land use conversion fees are calculated based on the formula:
Non-agricultural land use fee = (Residential land price - Current land price) x Converted land area
For example, if you convert 100m2 of non-agricultural land (commercial land price is 5 million VND/m2) to residential land (residential land price is 10 million VND/m2), the land use fee to be paid is:
(10 million - 5 million) x 100 = 500 million VND
Notes when converting non-agricultural land that is not residential land to residential land
Speaking with Lao Dong reporter, lawyer Truong Anh Tu (TAT Law Firm) said: "Converting non-agricultural land that is not residential land to residential land requires the land to be in the approved land use plan and in accordance with the local annual land use plan.
The dossier must include: Application for conversion of land use purpose; land use right certificate; and usage plan in accordance with the planning.”
To convert non-agricultural land that is not residential land into residential land in accordance with the law, lawyers recommend that people carefully check the land use planning information before submitting the application. To avoid errors, it is advisable to consult the local Department of Natural Resources and Environment to confirm that the land is eligible for conversion.
