1. When can crop land be converted to residential land?
Pursuant to Article 116 and Point b, Clause 1, Article 121 of the 2024 Land Law, land users are only allowed to convert cropland into residential land if approved by a competent state agency. In other words, there must be a decision allowing the change of land use purpose according to regulations.
To have a decision to allow the change of land use purpose by a competent State agency, it is necessary to base on 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.
2. Procedures for converting fertile land to residential land
According to the provisions of Article 227 of the 2024 Land Law, the order and procedures for changing land use purposes are as follows:
Step 1. Submit application for change of land use purpose according to regulations.
Step 2. The competent authority shall check the conditions for changing the land use purpose. In case the dossier is not yet secured, the land user shall supplement the dossier and resubmit it to the land management agency.
Step 3. After submitting a complete application, the competent land management agency prepares a dossier and submits it to the district-level People's Committee to issue a decision allowing the change of land use purpose.
Step 4. Pay land use fees according to regulations, except in cases of exemption.
Step 5. Transfer the file to the Land Registration Office/branch Office to carry out the registration, issue the Book, update and correct the land database, cadastral records and return the Book to the land user.
In case of both transferring land use rights and changing land use purposes, the procedure for registering the transfer of land use rights will be carried out at the same time as the procedure for changing land use purposes according to regulations.
