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Ms. Le Thi Thanh Thaos family (Thai Nguyen) plans to buy farmland and needs to change the purpose of using a part of the area to residential land to build a house. Ms. Thao asked, what standards does her land plot need to meet in terms of planning and annual land use plan of the locality to be allowed to change? What documents are included in the application for change of land use purpose and submitted to which agency? How is the calculation of land use fees when converting from farmland to residential land currently regulated? The Ministry of Agriculture and Environment answers this issue as follows: According to the provisions of Clause 5, Article 116 of the Land Law (amended and supplemented at Point a, Clause 2, Article 57 of the Law on Urban and Rural Planning 2024): Competent agencies and people base on district-level land use planning or general planning or zoning planning according to the provisions of law on planning. The urban area has been approved by the competent authority to consider and decide to allow households and individuals to change the purpose of using agricultural land in residential areas, agricultural land in the same plot of land with residential land to residential land. At Point c, Clause 2, Article 10 of Resolution No. 254/2025/QH15 dated December 11, 2025 of the National Assembly on a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law stipulates that when changing the land use purpose specified in Points b, c, d, dd, e and g, Clause 1, Article 121 of the Land Law, the land user must pay land use fees and land rent according to the following provisions: c) In cases where garden land, ponds, agricultural land in the same plot of land with residential land is determined when recognizing land use rights, the land use purpose is changed to residential land; conversion from land originating from garden land, ponds attached to residential land but Land users separated to transfer land use rights or because the surveying unit when measuring and drawing cadastral maps before July 1, 2014 has self-measured and separated into separate plots to residential land, the land use fee shall be calculated at a rate equal to: 30% of the difference between the land use fee calculated based on the residential land price and the land use fee calculated based on the agricultural land price at the time of the decision to allow change of land use purpose (hereinafter referred to as difference) for the land area. change of use within the local residential land allocation limit; 50% of the difference for land area exceeding the limit but not exceeding 01 time of the local residential land allocation limit; 100% of the difference for land area exceeding the limit but exceeding 01 time of the local residential land allocation limit. 50/2026/ND-CP dated January 31, 2026 of the Government detailing a number of articles of Resolution No. 254/2025/QH15 dated December 11, 2025 of the National Assembly stipulating a number of mechanisms and policies to remove difficulties and obstacles in the implementation of the Land Law, regulations on calculating land use fees for households and individuals when changing land use purposes from land to land. gardens, ponds, agricultural land to residential land as prescribed in Point c, Clause 2, Article 10 of Resolution No. 254/2025/QH15. On January 31, 2026, the Government issued Decree No. 49/2026/ND-CP detailing and guiding a number of articles of Resolution No. 254/2025/QH15 of the National Assembly, of which, in Clause 1, Article 14, Clause 1, Article 15 of the Decree stipulates: Provincial Peoples Committees have the authority to decide on land recovery, compensation, support, resettlement, land allocation, land lease, permission to change land use purposes,... and decide on decentralization and authorization to competent agencies and people to implement accordingly; regulates the order and administrative procedures for land in the locality, including the order and procedures for allowing change of land use purpose. Therefore, we recommend that you contact the local land management agency for guidance and resolution of procedures for changing land use purpose according to the authority and provisions of the law.Chinhphu.vnRefer moreHow to determine demographics supported when recovering farmlandSee moreBuilding a house on field land from 1992, according to what regulations are issued Certificates? See moreDetermine the origin of land to enjoy incentives when converting into residential land. See morePrice land in a residential area, when can it be converted to residential land? See moreWhat conditions must be met to change the purpose of residential land? See moreCan rice land next to a residential area be converted to residential land? See moreWhen can crop land be converted to residential land? See moreConditions and procedures for converting land agriculture to residential land
