Do I need permission to change land use purpose in 2025?
According to Article 121 of the 2024 Land Law, some cases of land use purpose change must obtain permission from the competent authority:
- Converting rice-growing land, special-use forests, protective forests or production forests to other types of land in the agricultural group.
- Convert agricultural land to non-agricultural land.
- Convert other types of land to concentrated livestock land when implementing large-scale projects.
- Convert non-agricultural land from residential land to residential land.
- Converting public land or public land for business purposes to non-agricultural production and business land.
- Converting non-agricultural production and business land that is not commercial or service land to commercial or service land.
In the above cases, land users must fulfill their financial obligations and comply with regulations on rights and obligations for the land type after the transfer. If not subject to mandatory permission, land users do not need to submit a request.
Area of land use conversion in 2025
According to Clause 5, Article 116 of the 2024 Land Law, the area allowed to change land use purposes depends on the approved district-level land use planning, general planning or zoning planning. The decision to change land use purposes is based on:
- Land user needs: Assessed by the Department of Natural Resources and Environment.
- Land use planning: Must be consistent with approved planning.
Based on the above two factors, the District People's Committee will decide the area of land to be transferred.
Can land with planning permission be changed for land use purpose?
According to Clause 4, Article 76 of the 2024 Land Law, if the land is under planning but there is no annual district-level land use plan, the land user is still allowed to exercise rights, including the right to change land use purposes.
Clause 6, Article 26 of the 2024 Land Law also affirms that the right to change land use purposes must comply with relevant legal provisions.
Authority to permit land use purpose change in 2025
Article 123 of the 2024 Land Law stipulates the following authority:
- Provincial People's Committee: Decision for domestic organizations.
- District People's Committee: Decision for individuals and households. In case of changing the purpose of using agricultural land to commercial and service with an area of 0.5 ha or more, written approval from the Provincial People's Committee is required before making a decision.
The above competent authority is not allowed to delegate or authorize other units to perform.
