Agricultural land is transferred for commercial housing

The Lao Dong Newspaper Legal Consulting Office replied:

Article 3 of Resolution 171/2024/QH15 of the National Assembly "On piloting the implementation of commercial housing projects through agreements on receiving land use rights or having land use rights" (effective from April 1, 2025) stipulates the conditions for implementing pilot projects as follows:

1. The implementation of the pilot project must meet the following conditions:

a) The scope of the land plot or plot of land for project implementation is in accordance with the district-level land use planning or construction planning, urban planning;

b) The scope of the land plot or land plot for project implementation is in accordance with the approved local housing development program or plan;

c) The scope of the land plot or land plot for project implementation is included in the list of land plots expected to implement pilot projects approved by the Provincial People's Council as prescribed in Clause 2, Article 4 of this Resolution;

d) Having a written approval from the Provincial People's Committee on the agreement to receive land use rights to implement a pilot project in the cases specified in Point a and Point c, Clause 1, Article 1 of this Resolution;

d) Real estate business organizations must meet the conditions prescribed by law on land, housing, real estate business, investment and other relevant legal provisions.

2. In case of using areas of national defense land and security land that have been planned to be removed from national defense land and security land to implement a pilot project, the conditions specified in Clause 1 of this Article must be met and there must be written approval from the Ministry of National Defense for national defense land and the Ministry of Public Security for security land.

3. Real estate business organizations implementing pilot projects that meet the conditions specified in Clauses 1 and 2 of this Article are allowed to receive the transfer of land use rights and land use purpose for one, a number of or the following types of land to implement the pilot project:

a) Agricultural land;

b) Non-agricultural land other than residential land;

c) Residential land and other land in the same plot of land in cases of agreement on receiving land use rights.

Thus, from April 1, 2025, agricultural land will be piloted for transfer to commercial housing projects according to the above regulations.