According to the provisions of the 2024 Land Law, the conditions for converting land use purposes from agricultural to residential land have been loosened. Pursuant to Clause 5, Article 116, households and individuals can convert the purpose of using agricultural land in residential areas or in the same plot of land to residential land if it is consistent with the approved district-level land use planning. District-level land use planning is a document established for a 10-year cycle (20-year vision), expressing the long-term land use orientation.
Therefore, as long as the land plot is in accordance with this planning, people can apply for conversion without having to wait for the annual plan as before. This is a positive signal for those who are simultaneously owning a piece of land with residential land and agricultural land, especially in existing residential areas.
In addition, currently, when converting agricultural land to residential land, it is not necessary to meet the land use time as before. In Article 103 of the 2013 Land Law, when applying for converting agricultural land to residential land, people must prove that the land plot is located in the same plot with a house and meets the conditions on the time of land use. However, the 2024 Land Law has removed this condition, only requiring compliance with district-level land use planning.
However, people also need to pay attention to rice-growing land, the conversion of purpose must still comply with stricter conditions.
According to Point b, Clause 1, Article 121 of the 2024 Land Law, the conversion of agricultural land use purposes to non-agricultural land must be permitted by a competent state agency. In which, non-agricultural land includes residential land, including rural residential land, urban residential land (residential land). Currently, the permission to change the purpose of land use from agricultural land to residential land is implemented by the People's Committee at the district level.
However, at point m, clause 1, Article 5 of Decree 151/2025/ND-CP stipulates that the authority of the People's Committee at the district level, the Chairman of the People's Committee at the district level shall be transferred to the Chairman of the People's Committee at the commune level, including:
- Decision on land allocation, land lease, and permission to change land use purpose for individuals specified in Point c, Clause 1 and Point a, Clause 2, Article 123 of the Land Law; decision on land allocation for residential communities specified in Point b, Clause 2, Article 123 of the Land Law; decision on agricultural land allocation to individuals specified in Point b, Clause 2, Article 178 of the Land Law.
Accordingly, currently the authority allows the conversion of agricultural land use to residential land for individuals under the authority of the Chairman of the People's Committee at the commune level.
