According to Point b, Clause 1, Article 121 of the 2024 Land Law, when converting agricultural land to non-agricultural land, permission must be obtained from a competent state agency.
In which, the authority to permit the change of land use purpose is stipulated in Article 123 of the 2024 Land Law:
- The Provincial People's Committee decides to allow the change of land use purpose for domestic organizations.
- The People's Committee at district level decides to allow change of land use purpose for individuals.
Sequence of steps
Pursuant to Article 227 of the Land Law, the procedures for converting agricultural land to non-agricultural land are as follows:
Step 1: Land users submit applications for change of land use purpose according to regulations.
Step 2: The competent land management agency checks the conditions for changing land use purposes. If the dossier does not meet the regulations, the land user will be instructed to supplement the dossier and resubmit it to the competent land management agency.
Step 3: 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 rent, 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 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 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.
Step 4: 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.
Step 5:
- The competent land management agency signs land lease contracts in cases where the State leases land.
- Transfer the dossier to the land registration organization or branch of the land registration organization to carry out the registration, issue the Certificate of land use rights, ownership of assets attached to land, update and correct the land database, cadastral records and grant the Certificate of land use rights, ownership of assets attached to land to the land user.
Conclusion: Above are the regulations on converting agricultural land to non-agricultural land, including the competent authority permitting the change of land use purpose, documents, and procedures for converting agricultural land to non-agricultural land.
