Details of procedures for converting garden land to residential land

*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:
• Land included in the approved annual land use plan of the district level.
• In accordance with construction planning (if the land is in an urban area or rural residential area planning).
• Have a real need to use residential land and ensure that there is no violation of regulations on the protection of agricultural land and forest land.
• Land plot has no disputes, has land use rights certificate (red book).
*Documents required:
According to Clause 1, Article 15 of Decree 102/2024/ND-CP, land users submit 01 set of documents including:
• Application for change of land use purpose (Form 02c/DKSDD).
• Original Land Use Rights Certificate.
• Extract of cadastral map or cadastral measurement of land plot.
• Field verification report (if any).
• Declaration of fulfillment of related financial obligations.

Secret of Son — Growing squash in Anh Son. Photo: Tran Chau

*Implementation sequence:
Step 1: Submit application at: New commune and ward level Public Administration Service Center. For organizations, submit at the provincial Department of Natural Resources and Environment.
Step 2: Document assessment
• The receiving agency checks the documents and conducts field verification (if necessary).
• Submit to the competent People's Committee to issue a Decision allowing change of land use purpose (Form 04c/DKSDD).
Step 3: Fulfill financial obligations
• Land users must pay land use fees according to regulations.
The provincial People's Committee issues a land price list 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 know the specific amount to be paid.

Transactions at the one-stop shop in Vinh city. Photo: Nguyen Hai

Step 4: Issue new land use right certificate.

According to Decree No. 151/2025/ND-CP on the decentralization of authority of local governments at two levels, decentralization, and decentralization 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, the commune and ward levels have the authority to issue certificates of land use rights and ownership of assets attached to land as prescribed in Point b, Clause 1, Article 136 and Point d, Clause 2, Article 142 of the Land Law.
-After completing financial obligations, people are re-issued Land Use Rights Certificates showing the purpose of use as residential land. At the same time, update and correct the land database, cadastral records and the local land management agency returns the Certificate to the land user.

In case of both transferring land use rights and changing land use purposes, the procedure for registering the transfer of land use rights will be carried out at the same time as the procedure for changing land use purposes according to regulations.

People should note: You should check the land use planning information before doing the procedure. In case the land is not suitable for the planning or is not included in the land use plan, it is not allowed to change the purpose.
Converting garden land into residential land is the right of the land user, but must be done in accordance with legal procedures. People need to proactively learn about the planning, prepare complete documents and fulfill financial obligations according to regulations to be granted a valid license by the state agency.

Legal basis: Land Law No. 31/2024/QH15, effective from January 1, 2025.
• Decree No. 102/2024/ND-CP of the Government detailing the implementation of a number of articles of the Land Law.
• Circulars guiding the Ministry of Natural Resources and Environment (MONRE) in 2024.

*Decree No. 51/2025 on the authority of two-level local authorities decentralizing in the land sector.

*Decree No. 118/2025/ND-CP on implementing administrative procedures under the one-stop and inter-connected one-stop mechanism at the One-stop department and the National Public Service portal.

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