Conditions for converting agricultural land to residential land in 2025
According to Clause 5, Article 116 of the 2024 Land Law, households and individuals are allowed to change the purpose of using agricultural land in residential areas, agricultural land in the same plot of land with residential land to residential land if
- In accordance with district-level land use planning;
- Or general planning;
- Or zoning plans according to the provisions of the law on urban planning approved by competent authorities.
Previously, according to the provisions of Article 52 of the 2013 Land Law, the basis for allowing the conversion of land use purposes is the annual land use plan of the district level approved by the competent state agency.
From the above regulations, it can be seen that from August 1, 2024, the basis for allowing the conversion of agricultural land use to residential land is the district-level land use planning instead of the annual district-level land use plan as before.
Accordingly, district-level land use planning is stipulated in Article 62 of the 2024 Land Law for 10 years (20-year vision). And the district-level land use plan is prepared annually.
Thus, households and individuals are allowed to convert the purpose of using agricultural land to residential land if it is in accordance with the approved district-level land use planning.
Procedures for allowing conversion of agricultural land to residential land
Pursuant to Article 227 of the 2024 Land Law, cases of land use purpose conversion must be permitted by competent state agencies and are implemented according to the following procedures:
- Land users submit a dossier requesting to change the land use purpose according to regulations.
- The competent land management agency checks the conditions for changing land use purposes. In case the dossier does not meet the regulations, the land user is instructed to supplement the dossier and submit it to the competent land management agency.
The competent land management agency is responsible for the following:
- In case of applying land prices in the land price list to calculate land use fees and land rents, the competent land management agency shall prepare a dossier and submit it to the People's Committee of the competent level to issue a decision allowing the change of land use purpose, land allocation and land lease.
- In case of determining specific land prices to calculate land use fees and land rents, the competent land management agency shall prepare a dossier and submit it to the People's Committee of the competent level to issue a decision allowing the change of land use purpose, land allocation and land lease. Organize the determination of land prices, submit to competent authorities for approval of land prices for calculating land use fees and land rents.
- Land users pay land use fees and land rents in accordance with the provisions of law. In case of reduction in land use fees and land rents, the land use fee and land rent collection agency shall reduce land use fees and land rents for land users.
- The competent land management agency signs a land lease contract in cases where the State leases land. Transfer the dossier to the land registration organization or a branch of the land registration organization to carry out the registration, issue certificates of land use rights and ownership of assets attached to land, update and correct the land database, cadastral records and issue certificates of land use rights and ownership of assets attached to land to land users.
- In case of receiving the transfer of land use rights and changing the purpose of land use, the procedure for registering the transfer of land use rights must be carried out at the same time as the procedure for changing the purpose of land use according to regulations.
