Details of the procedure for converting garden land to residential land.

The conversion of land use from garden land (agricultural land) to residential land is a practical need for many households and individuals. The Land Law of 2024, effective from January 1, 2025, along with its implementing guidelines, clearly and transparently stipulates the procedures and conditions for this conversion.

*Conditions for implementation:
According to Article 58 of the 2024 Land Law and Article 12 of Decree 102/2024/ND-CP, the conversion of garden land to residential land must meet the following conditions:
• The land is included in the approved annual land use plan of the district level.
• Complies with construction planning (if the land is located in an urban area or a planned rural residential area).
• There is a genuine need for the land and it is ensured that there are no violations of regulations on the protection of agricultural land and forest land.
• The land plot is free from disputes and has a land use rights certificate (land title deed).
*Documents required:
According to Clause 1, Article 15 of Decree 102/2024/ND-CP, land users must submit one set of documents including:
• Application for land use change (Form 02c/ĐKSDĐ).
• Original Land Use Right Certificate.
• Extract of cadastral map or cadastral survey of the land parcel.
• Field verification report (if any).
• Declaration form for fulfilling related financial obligations.

Growing green squash in Anh Son. Photo: Tran Chau

*Procedure:
Step 1: Submit your application at: The new commune/ward-level Public Administrative Service Center. For organizations, submit it to the Provincial Department of Natural Resources and Environment.
Step 2: Document review
• The receiving agency will review the documents and conduct on-site verification (if necessary).
• Submit to the competent People's Committee for issuance of a Decision permitting the change of land use purpose (Form 04c/ĐKSDĐ).
Step 3: Fulfill financial obligations
• Land users must pay land use fees as prescribed by law.
The Provincial People's Committee issues land price tables as a basis for calculating land use fees when changing land use purposes. Land users should look up land prices or contact the local tax team to find out the specific amount to be paid.

Transactions at the one-stop service center in Vinh City. Photo: Nguyen Hai

Step 4: Issue a new land use right certificate.

According to Decree No. 151/2025/ND-CP on the delineation of authority of local governments at two levels, decentralization and delegation in the field of land, Article 5 stipulates: The authority of the People's Committee at the district level and the Chairman of the People's Committee at the district level is transferred to the Chairman of the People's Committee at the commune level. Accordingly, communes and wards have the authority to issue certificates of land use rights and ownership of assets attached to land as stipulated in point b, clause 1, Article 136 and point d, clause 2, Article 142 of the Land Law.
- After fulfilling their financial obligations, citizens are reissued a Certificate of Land Use Rights indicating the land use purpose as residential. Simultaneously, the land database and cadastral records are updated and revised, and the local land management agency returns the certificate to the land user.

In cases where both the right to use and the purpose of use are transferred, the procedure for registering the transfer of land use rights will be carried out simultaneously with the procedure for changing the purpose of land use, as prescribed by law.

Citizens should note: It is advisable to check land planning information before proceeding with any procedures. If the land does not conform to the planning or is not included in the land use plan, then the conversion of its purpose is not permitted.
Converting garden land to residential land is a right of the land user, but it must be done in accordance with legal procedures. People need to proactively research the planning, prepare all necessary documents, and fulfill their financial obligations as required to obtain valid permits from the state authorities.

Legal basis: Land Law No. 31/2024/QH15, effective from January 1, 2025.
• Government Decree No. 102/2024/ND-CP providing detailed guidance on the implementation of several articles of the Land Law.
• Circulars issued by the Ministry of Natural Resources and Environment (MONRE) in 2024.

*Decree No. 51/2025 on the authority of two-level local governments in the field of land management.

*Decree No. 118/2025/ND-CP on the implementation of administrative procedures under the one-stop and integrated one-stop mechanisms at the One-Stop Service Center and the National Public Service Portal.

Advertising

Source: https://baonghean.vn/chi-tiet-thu-tuc-chuyen-dat-vuon-sang-dat-o-10300657.html