Conditions for allowing change of land use purpose for commercial housing construction

The Lao Dong Newspaper Legal Consulting Office replied:

Clause 3, Article 122 of the 2024 Land Law stipulates that the permission to change the purpose of land use to implement commercial housing construction investment projects must meet the following conditions:

a) Conditions specified in Clause 2 of this Article;

b) People permitted by the State to change the purpose of land use with the right to use residential land or other residential land and land;

c) In accordance with local planning, land use plans, construction planning, urban planning, housing development programs and plans and not subject to State land recovery for national defense and security purposes, land recovery for socio-economic development for national and public interests as prescribed in Articles 78 and 79 of this Law;

d) Having a document approving the investment policy and at the same time approving the investor by a competent authority as prescribed by the law on investment.

Clause 2, Article 122 of the 2024 Land Law stipulates that people who are allocated land, leased land, or permitted to change the purpose of land use to implement investment projects must meet the following conditions:

a) Fund registration or other forms of insurance as prescribed by the 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) Do not violate the provisions of the land law or violate the provisions of the land law but have completed the decision and the judgment that has taken legal effect of the competent authority at the time of requesting land allocation, leasing land, allowing for change of land use purpose. The identification of land users violates the provisions of the land law applies to all land plots used in the country.

Thus, the permission to change the purpose of land use to implement investment projects to build commercial housing must meet the above conditions.