Long-term fertility land belongs to the agricultural land group used for the purpose of planting crops that are grown and harvested over many years. On the other hand, residential land, also known as residential land, belongs to the non-agricultural land group used for the construction of buildings and houses.
The following cases require the approval of the competent state authority if individuals want to change the land use purpose:
- – Changing special-use forest land, protective forest land, and productive forest land for use in other agricultural land purposes.
– Changing agricultural land to non-agricultural land.
– Changing non-agricultural land that the State allocates without land-use fees to non-agricultural land that the State allocates with land-use fees or rents.
– Changing non-residential non-agricultural land to residential land.
– Changing land for building projects, land used for public purposes for business purposes, production land, non-agricultural business, not commercial land, and services to commercial land, and services; changing commercial land, services, land for building projects to non-agricultural production base land.
Therefore, when individuals change the land use purpose from long-term fertility land to residential land, they must fulfill the obligation to apply for permission from the competent authority and the financial obligation according to the law regulations.
In addition, the land use regime, rights, and obligations of land users are applied according to the type of land after it has been converted for use.
Article 52 of the amended Land Law 2024 stipulates the basis for land allocation, land leasing, permission to change land use purpose:
“1. The annual land use plan of the district level has been approved by the competent state authority.
2. The demand for land use is expressed in investment projects, land allocation applications, land leasing, and change of land use purpose”.
Point d Clause 1 of Article 57 of the Land Law stipulates cases where permission from the competent state authority is required to change the land use purpose, including: “d) Change agricultural land to non-agricultural land”.
Clause 2 of Article 46 of Circular No. 01/2021/TT-BTNMT of the Minister of Natural Resources and Environment stipulates the construction of the annual land use plan at the district level:
“2. Determine the land use needs for industries and fields in the annual plan and allocate them to each administrative unit at the commune level, including:
a) Land use targets in the land use plan of the previous year that have not been fully implemented, but must be suitable for the socio-economic situation in the district;
b) Land use needs of organizations, households, and individuals in the district based on the consideration of applications of land users with land use needs”.
