New regulations help convert agricultural land to residential land more easily

Phan Anh |

People will have an easier opportunity to convert agricultural land use to residential land thanks to new points in the 2024 Land Law.

Luat Dat dai 2024 co hieu luc tu ngay 1.8.2024 se mang lai nhieu thay doi tich cuc, giup nguoi dan thuan loi hon trong viec xin chuyen muc dich su dung dat nong nghiep sang dat o, hay con goi la “len dat tho cu“.
The 2024 Land Law, effective from August 1, 2024, will bring many positive changes, making it easier for people to apply for converting agricultural land use to residential land, also known as "up to residential land". Photo: Phan Anh

However, this conversion needs to be done soon if we do not want to bear the sharp increase in costs from 2026, when the new land price list is officially applied.

New regulations make "residential land acquisition" procedures easier

According to Clause 5, Article 116 of the 2024 Land Law, households and individuals can apply to change the purpose of using agricultural land to residential land if the land plot is in accordance with the approved district-level land use planning, instead of having to rely on the annual land use plan as before under the 2013 Land Law.

This means that if the land plot is located in a residential area, or part of the agricultural land area is located in the same plot of land with residential land, people can carry out conversion procedures if it is consistent with the long-term planning approved by the district.

This is an important step of easing, because district-level land use planning is a long-term plan (10 years, vision 20 years), while annual land use planning is less flexible and depends on each specific year.

Not only is it simpler in terms of legal basis, the 2024 Land Law also removes the requirement on land use time, meaning people do not need to prove that they have used land for a long time, or the land must be located in the same plot with a house as before.

However, there is still a notable exception, with rice-growing land, people can only change the purpose of use after the Resolution of the Provincial People's Council is issued, to protect the land fund for cultivation.

Costs will increase sharply from 2026

Although the conditions for land conversion have been loosen, people need to pay attention to the time of implementation. According to the roadmap, from January 1, 2026, a new land price list will be issued, closer to market price. This will directly affect the cost of changing land use purposes, especially land use fees, accounting for the majority of the total cost to be paid when "roaming up for residential land".

According to Article 8 of Decree 103/2024/ND-CP, the formula for calculating land use fees when converting is as follows:

Land use fee = Land price of the land type after conversion × Conversion area - Current land value (if any).

Land prices to calculate land use fees will be based on the land price list issued by the State, and if this price list is adjusted to increase ( close to market price as in the new orientation), people will have to spend a significantly larger amount of money.

In addition to land use fees, people also have to pay fees such as fees for granting Land Use Rights Certificates, registration fees, file appraisal fees, etc. These are not small costs, which can be up to hundreds of millions of VND in areas with high land prices.

It can be seen that the new regulations in the 2024 Land Law bring favorable opportunities for people in converting land use purposes from agricultural to residential land. However, if they do not take advantage of the time from August 1, 2024 to before January 1, 2026 to complete the procedures, people will have to face sharply increased costs due to the new land price list.

This is an important transition period, and a "golden" time to carry out conversion procedures if there is a need to build houses, legalize residential land or prepare for legal investment.

Phan Anh
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easily apply for converting agricultural land to residential land but will cost more money

Thạch Lam (t/h) |

From January 1, 2026, it is easy to apply for converting agricultural land to residential land, but it will cost a lot of money to change the purpose of use.

Conditions for retaining illegally built houses on agricultural land

Phan Anh |

Building houses on agricultural land that has not been converted will be strictly handled. However, there are some cases where the project is retained.

Converting interspersed agricultural land in residential areas to residential land

Thạch Lam |

Agricultural land in residential areas is often called "interspersed land". Below are the regulations on converting this type of land to residential land, readers can refer to them.