Latest regulations on converting agricultural land in residential areas to residential land

Khương Duy |

The conversion of agricultural land in residential areas to residential land must be based on land use planning and approved urban and rural planning.

A resident in Bac Ninh reflected on problems related to the conversion of land use purposes from agricultural land in residential areas to residential land. According to the reflection, the family has a garden land plot located in a residential area, in accordance with residential land planning and has been granted a Certificate of Land Use Rights for the first time since 1993.

By 2010, this land plot was divided into two new plots and each plot was granted a separate Certificate. Then, in 2022, the family registered changes and corrected the land use purpose according to the instructions of local land administration officials, in which the land use purpose was recorded as perennial crop land.

According to the provisions of the 2024 Land Law, perennial crop land belongs to the group of agricultural land. Therefore, when households need to convert to residential land, they must carry out procedures to change land use purposes according to the provisions of law.

Việc chuyển đất nông nghiệp trong khu dân cư sang đất ở phải căn cứ quy hoạch sử dụng đất đã được cơ quan có thẩm quyền phê duyệt.
The conversion of agricultural land in residential areas to residential land must be based on land use planning approved by competent authorities. Photo: Phan Anh

Regarding this content, the Ministry of Agriculture and Environment said that Clause 5, Article 116 of the 2024 Land Law has stipulated the basis for allowing the conversion of agricultural land use purposes in residential areas to residential land for households and individuals.

Accordingly, the consideration of allowing land use purpose conversion must be based on district-level land use planning, or general planning, zoning planning according to the provisions of law on urban and rural planning that has been approved by competent authorities.

Based on these plans, competent state agencies will consider and decide on allowing land use purpose conversion for each specific case.

The Ministry of Agriculture and Environment also recommends that when people have a need to change the land use purpose, they should contact the local land management agency to check their dossiers and receive guidance on implementation in accordance with the law.

Khương Duy
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