Accordingly, the Ministry of Agriculture and Environment responded to this issue as follows:
stipulated in Clause 5, Article 116 of the 2024 Land Law, the basis for allowing the conversion of agricultural land use purposes in residential areas, agricultural land in the same plot of land with residential land to residential land or the conversion of non-agricultural land use purposes other than residential land to residential land for households and individuals is district-level land use planning or general planning or zoning planning according to the provisions of law on urban planning approved by competent authorities.
The order and procedures for allowing land use purpose change are stipulated in Article 44 of Decree No. 102/2024/ND-CP dated July 30, 2024 of the Government detailing the implementation of a number of articles of the 2024 Land Law.
Limit of residential land allocation to individuals in urban and rural areas as prescribed in Clause 2, Article 195, Clause 2, Article 196 of the Land Law.
The time for implementing land administrative procedures is stipulated in Article 12 of Decree No. 102/2024/ND-CP of the Government.
Based on the above regulations and the provisions of the law on land, readers should contact the local Department of Agriculture and Environment for guidance and resolution according to their authority and the provisions of law.
Notably, Clause 1, Article 5 of the 2024 Land Law clearly states the principle of land use must be for the right land use purpose. At the same time, Clause 1, Article 31 of the 2024 Land Law stipulates that land users are obliged to use land for the right purpose, within the boundaries of the land plot, in accordance with regulations on the use of underground depth and height in the air, protection of underground public works and compliance with other relevant legal provisions.
The conversion of agricultural land to non-agricultural land subject to land use purpose conversion must be permitted by a competent State agency according to the provisions of Point b, Clause 1, Article 121 of the 2024 Land Law.
Accordingly, land users who arbitrarily build houses exceeding the residential land area on the Certificate, arbitrarily changing the land use purpose is an act of violating the principles of land use and will be subject to administrative sanctions according to the provisions of Decree No. 123/2024/ND-CP, land users need to carry out procedures to change the land use purpose of the excess residential land area to residential land according to the provisions of law.
Regarding the issuance of a Certificate, Article 139 of the 2024 Land Law stipulates the settlement of cases of households and individuals using land that violated land law before July 1, 2014.
Accordingly, the case of households and individuals using land for purposes other than those that have been allocated land, leased land, or recognized land use rights by the State has been stipulated in Clause 3 and instructed in Clause 6, Article 25 of Decree 101/2024/ND-CP of the Government.
