Conditions for permission to change land use purpose

Lao Dong Newspaper Legal Consulting Office replied:

Article 122 of the 2024 Land Law (effective from August 1, 2024) stipulates the conditions for land allocation, land lease, and permission to change land use purposes as follows:

1. Competent state agencies may only decide to allocate land, lease land, or permit the conversion of rice-growing land, special-use forest land, protective forest land, or production forest land to other purposes after a Resolution of the Provincial People's Council is issued and the grounds specified in Article 116 of this Law are met, except for cases of land use for project implementation under the authority of the National Assembly or the Prime Minister to approve and decide on investment policies in accordance with the provisions of the Investment Law, the Public Investment Law, the Law on Investment under the Public-Private Partnership, and the Petroleum Law; the Provincial People's Council shall approve and decide on investment policies in accordance with the provisions of the Public Investment Law and the Law on Investment under the Public-Private Partnership.

The conversion of rice-growing land, special-use forest land, protective forest land, and production forest land to other purposes must comply with the criteria and conditions prescribed by the Government.

2. People who are allocated land, leased land, or permitted by the State to change land use purposes to implement investment projects must meet the following conditions:

a) Deposit or other forms of guarantee as prescribed by law on investment;

b) Have financial capacity to ensure land use according to the progress of the investment project and other conditions as prescribed by relevant laws;

c) Not violating the provisions of the law on land or violating the provisions of the law on land but having completed the decision or judgment that has come into legal effect of the competent authority at the time of requesting land allocation, land lease, or permission to change land use purpose. Determining land users violating the provisions of the law on land applies to all land plots in use nationwide.

3. Permission to change land use purpose to implement commercial housing construction investment projects must meet the following conditions:

a) The conditions specified in Clause 2 of this Article;

b) People permitted by the State to change land use purposes have the right to use residential land or residential land and other land;

c) In accordance with the planning, land use plan, construction planning, urban planning, housing development programs and plans of the locality and not falling under the case of the State reclaiming land for national defense and security purposes, reclaiming land for socio-economic development for national and public interests as prescribed in Articles 78 and 79 of this Law;

d) There is a document approving the investment policy and approving the investor from a competent authority in accordance with the provisions of the law on investment.

Thus, the conditions for allowing land use purpose change are as above.