According to the 2024 Land Law, the conversion of land use purposes must be permitted by a competent state agency. Common cases include: Conversion from agricultural land to non-agricultural land, from non-agricultural land other than residential land to residential land, or from non-agricultural production and business land to commercial and service land.
When can garden land be converted to residential land?
Clause 2, Article 123 of the 2024 Land Law stipulates that the conversion of land use purposes must be consistent with the planning and land use plan of the locality and approved by competent authorities. The land use plan is prepared for a 10-year period, and the land use plan is developed annually.
Thus, households and individuals are only allowed to convert garden land to residential land when the area has an approved residential land plan, ensuring compliance with the urban development orientation and legal land use.
Procedures for converting garden land to residential land
People need to follow 5 steps:
Submit a dossier requesting change of land use purpose to the natural resources and environment agency.
The competent authority checks the conditions for changing the purpose. If the documents are not complete, people are required to supplement.
Submit to the People's Committee of competent authority to issue a decision allowing the conversion of land use purposes.
Pay land use fees according to the notice of the tax authority.
Registering land changes, issuing new red books and revising land records.
Fees and charges when converting
Red book issuance fee: Regulated by each locality, usually under 100,000 VND/issuance.
Registration fee: (Land price in land price list × area) × 0.5%.
Land use fee: The difference between land use fee of the land type after transferred minus land use fee before transfer (if any).
Understanding regulations and land use planning helps people be proactive in the process of converting garden land to residential land, avoiding legal risks and ensuring legal land rights.
