A resident in Ha Tinh reflected that his family is using land for perennial crops in a residential area and has a need to convert to residential land but is not clear about the conditions for implementation, financial obligations to be paid, as well as procedures according to new regulations.
Regarding this content, the Ministry of Agriculture and Environment has specific guidance on the legal basis, jurisdiction to resolve and financial obligations for cases of changing land use purposes from perennial crop land to residential land.
According to the Ministry of Agriculture and Environment, point b, clause 1, Article 121 of the 2024 Land Law stipulates that the conversion of agricultural land to non-agricultural land must be permitted by a competent State agency. This means that people cannot arbitrarily convert to residential land without approval.
The Ministry added that Clause 5, Article 116 of the 2024 Land Law stipulates the basis for allowing land use purpose conversion for agricultural land in residential areas, agricultural land in the same land plot with residential land or cases of conversion to residential land.
The consideration of allowing land use purpose conversion must be based on district-level land use planning, annual land use plans that have been approved or urban and rural planning according to legal regulations.
Thus, even if people have a need to change the land use purpose, if the land plot is not in the appropriate land use planning and plan, it may still not be approved.
According to the guidance of the Ministry of Agriculture and Environment, the order and procedures for changing land use purposes are implemented according to Clause 2, Article 227 of the 2024 Land Law. Accordingly, the land management agency will check dossiers, determine conditions for changing land use purposes and guide people to complete dossiers if they are incomplete.
After meeting the conditions, the competent authority will issue a decision allowing the change of land use purpose according to regulations.
Notably, the Ministry of Agriculture and Environment cited Decree No. 49/2026/ND-CP of the Government stipulating that provincial-level People's Committees are responsible for issuing specific regulations on the order and procedures for allowing land use purpose conversion in localities.
While the locality has not issued new regulations, the Provincial People's Committee may decide to apply procedures according to regulations before Decree 49/2026/ND-CP takes effect or consider handling each specific case to ensure the resolution of administrative procedures for people.
Regarding financial obligations, the Ministry of Agriculture and Environment said that land users when converting from perennial crop land to residential land must fulfill financial obligations in accordance with the provisions of land law.
Land use fees payable will be determined based on the converted land area, land type, land price, residential land limit and related regulations in the locality. Each specific case may have different levels of financial obligations.
According to records, many people are still confused between land located in residential areas and being naturally converted to residential land. However, functional agencies affirm that the change of land use purpose must be fully based on land use planning, plans and decisions of competent authorities.
The Ministry of Agriculture and Environment recommends that people should contact the land management agency where the land is located directly for detailed guidance on dossiers, conditions for changing purposes and financial obligations before carrying out procedures, to avoid arising problems or prolonging dossier processing time.
