A citizen inquired about the procedure for converting the purpose of their land from long-term tree cultivation to residential use.
The land in question is located in an established residential area and falls under the category of agricultural land that co-exists with residential land owned by households or individuals.
The citizen asks: What is the process and procedure for converting the land-use purpose in this case? Which authority is responsible for issuing the land-use right certificate (red book)? Can the change be acknowledged on the old certificate, or is a new one required?
Illustration: Hong Khanh |
In response, the Ministry of Agriculture and Environment clarifies that according to Point b, Clause 1, Article 121 of the Land Law, converting the purpose of land from long-term tree cultivation to residential use requires permission from the competent state agency.
As per Clause 5, Article 116 of the Land Law, the basis for permitting the conversion of agricultural land within a residential area or co-existing with residential land owned by households or individuals is the district-level land use planning or the master plan or sub-planning in accordance with the law on urban planning approved by the competent authority.
The procedure for converting land-use purposes is detailed in Clauses 2, 3, 4, and 6 of Article 44 of Decree No. 102/2024/ND-CP, which provides detailed guidance on the implementation of the Land Law.
However, as of July 1, 2025, Decree No. 151/2025/ND-CP on decentralization and delegation of authority in the land sector took effect. Consequently, the current procedure for converting land-use purposes is specified in Section I of Part III, issued together with this Decree.
Changes can be confirmed on the old or new land-use certificate
Regarding the land-use certificate (red book), the citizen’s inquiry pertains to a specific case that falls under the jurisdiction of local authorities.
Therefore, the Ministry of Agriculture and Environment is not in a position to provide a definitive answer. However, they offer the following general guidance:
According to Article 136 of the 2024 Land Law, the authority responsible for issuing land-use certificates and confirming changes to these certificates is determined.
For individuals and community dwellers, the district-level People’s Committee is responsible for issuing the initial land-use certificate, while changes to the certificate are registered by the branch office of the Land Registration Office or the Land Registration Office itself.
Confirming changes to the land-use certificate can be done either by making annotations on page 4 of the previously issued certificate or by issuing a new certificate, depending on the land user’s preference.
The Ministry of Agriculture and Environment recommends that citizens contact the competent authorities in their locality for resolution in accordance with regulations.
Hong Khanh
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