A reader said that the family is completing procedures to change the land use purpose from perennial land to residential land.
The land plot is located in an old residential area and belongs to the case of agricultural land located in the same plot of land with residential land of households and individuals.
Readers wonder how the procedures for changing land use purposes in this case are carried out? Which agency is competent to issue a land use right certificate (red book), will the change be recorded on the old certificate or must a new book be issued?
Responding to this issue, the Ministry of Agriculture and Environment said that according to the provisions of Point b, Clause 1, Article 121 of the 2024 Land Law, the conversion of land use purposes from perennial land to residential land subject to land use purpose conversion must be permitted by a competent State agency.
According to the provisions of 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 the law on urban planning approved by competent authorities.
The order and procedures for changing land use purposes are implemented according to Clauses 2, 3, 4 and 6, Article 44 of Decree 102/2024/ND-CP, detailing the implementation of a number of articles of the 2024 Land Law.
However, from July 1, 2025, Decree No. 151/2025/ND-CP on decentralization and delegation of authority in the land sector will take effect. Therefore, the current order and procedures for changing land use purposes are specifically regulated in Section I, Part III issued with this Decree.
Regarding the content related to the certificate (red book), the content reflected by readers is a specific case, under the authority of local agencies.
Therefore, the Ministry of Agriculture and Environment has no basis to give a specific answer. However, the Ministry has the following opinions on the principle:
The authority to issue red books and confirm changes in cases of registration of changes in red books is stipulated in Article 136 of the 2024 Land Law.
For individuals and communities, the People's Committee of the commune issues a first red book, registration of changes, and is implemented by the Branch of the Land Registration Office or the Land Registration Office.
Confirmation of changes on the certificate can be done by recording on page 4 of the issued or newly issued red book, depending on the needs of the land user.
The Ministry of Agriculture and Environment recommends that readers contact the competent authority in the locality to resolve the issue according to regulations.
