When does it require permission to change land use purposes?
Pursuant to Clause 1, Article 121 of the 2024 Land Law, if falling into one of the following cases, people are only allowed to change the purpose of land use when the competent state agency agrees:
- Clause 1 and Clause 2, Article 44 of Decree 102/2024/ND-CP stipulates that the place of submitting the application for permission to change the purpose of land use is the agency receiving the application and returning the results prescribed in Point a, Clause 1, Article 12 of Decree 102/2024/ND-CP: One-stop department according to the regulations of the Provincial People's Committee on receiving documents and returning the results of handling administrative procedures at the provincial, district and commune levels.
When does the State allow change of land use purpose?
According to Clause 5, Article 116 of the 2024 Land Law, competent state agencies issue decisions to permit the conversion of land use purposes based on district-level land use planning or general planning or zoning planning according to the provisions of the law on urban planning approved by competent authorities.
Thus, although the competent state agency receives a petition from the people, if the annual land use planning of the district level does not allow a change of purpose, it cannot be transferred.
The act of arbitrarily changing the purpose of land use without permission from the competent state agency will be subject to administrative sanctions according to Decree 123/2024/ND-CP.
