Basis for converting agricultural land to residential land
According to 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 that are not residential land to residential land for households and individuals is the district-level land use planning or the general planning or the zoning planning according to the provisions of the law on urban planning approved by the competent authority.
Do I need permission to convert agricultural land to residential land?
At Point b, Clause 1, Article 121 of the 2024 Land Law, it is stipulated that in case of changing the purpose of using agricultural land to non-agricultural land, permission must be obtained from a competent state agency.
When changing the land use purpose according to the above provisions, the land user must fulfill financial obligations according to the provisions of law; the land use regime, rights and obligations of the land user are applied according to the land type after the change of land use purpose.
Procedures for permission to convert 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 must be carried out in accordance with the following procedures:
- Land users submit applications for change of land use purpose according to regulations.
- The competent land management agency shall check the conditions for changing land use purposes. In case the dossier does not meet the regulations, the land user shall be instructed to supplement the dossier and resubmit it to the competent land management agency.
- The competent land management agency has the following responsibilities:
- 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 at the competent level to issue a decision permitting 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 at the competent level to issue a decision permitting the change of land use purpose, land allocation, and land lease; organize the determination of land prices and submit them to the competent authority for approval of land prices to calculate land use fees and land rents.
- Land users pay land use fees and land rents according to the provisions of law; in case of land use fees and land rents reduction, the land use fees and land rent collection agency shall reduce the 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; transfers the dossier to the land registration organization or a branch of the land registration organization to carry out the registration, issue the Certificate of land use rights and ownership of assets attached to land, update and correct the land database, cadastral records and grant the Certificate of land use rights and ownership of assets attached to land to the land user.
- In case of receiving transfer of land use rights and changing land use purpose, the procedure for registering transfer of land use rights and changing land use purpose must be carried out at the same time as the procedure for changing land use purpose according to regulations.
