Land Use Purpose Conversion Without Permission: A Practical Guide

Long Phan Consulting has received many client inquiries regarding which cases of land use purpose conversion without permission when carrying out procedures at the Land Registration Office. Under Clause 3, Article 121 of the 2024 Law on Land, if a case does not fall within the 07 categories requiring permission under Clause 1, Article 121, the land user may change the land use purpose without prior approval from a competent State authority. However, “no permission required” does not mean that land change registration procedures, financial obligations, or compliance with approved planning requirements can be disregarded. This article systematizes the current land law provisions, implementation procedures, and common risks to help clients properly handle their dossiers in accordance with applicable regulations.

Seven Cases Requiring Permission for Land Use Purpose Conversion

Before determining whether a specific case of land use purpose conversion without permission, it must be checked against the seven mandatory-permission cases under Clause 1, Article 121 of the 2024 Law On Land. If a case does not fall under any of these points, it is not subject to permission.

Rice Cultivation, Forest, and Agricultural Land

Under Points a and b, Clause 1, Article 121 of the 2024 Law On Land, two mandatory-permission cases apply in the agricultural land group:

• Converting rice cultivation land, special-use forest land, protection forest land, or production forest land to another type of agricultural land.
• Converting agricultural land to non-agricultural land.

Point c, Clause 1, Article 121 further requires permission when converting other land types to concentrated livestock farming land for large-scale livestock projects.

Non-Agricultural, Residential, and Commercial Land

Under Points d, đ, e, and g, Clause 1, Article 121 of the 2024 Law On Land, four cases within the non-agricultural land group require permission:

• Converting non-agricultural land allocated without a land use fee to non-agricultural land allocated with a fee or leased land.
• Converting non-agricultural land other than residential land to residential land.
• Converting land for public-service works or public facilities with commercial use to non-agricultural production or business land.
• Converting non-agricultural production or business land other than commercial or service land to commercial or service land.

Cases Where Land Use Purpose Conversion Do Not Require Permission

Applying the exclusion principle under Clause 3, Article 121 of the 2024 Law On Land, cases of land use purpose conversion without permission when the conversion does not fall under the seven points above. In practice, this group mainly covers two types of internal conversions below.

Internal Conversion Within Agricultural Land Other Than Rice and Forest Land

Under Clause 3, Article 121 of the 2024 Law On Land (excluding Point a, Clause 1), conversion among other annual crop land, aquaculture land, salt-production land, and other agricultural land is not subject to permission. This is because it remains within the agricultural land group and does not involve rice cultivation or forest land.

Internal Conversion Within Non-Agricultural Land Not Subject to Permission

Under Clause 3, Article 121 of the 2024 Law On Land (excluding Points d, đ, e, g, Clause 1), conversion among non-agricultural land types other than residential land, and not falling under the four mandatory-permission cases, is carried out through the standard land change registration mechanism.

Does “Without Permission” Mean Exemption From Procedures?

No. For cases where land use purpose conversion without permission, this is the most common misunderstanding leading to incorrectly processed dossiers. “Without permission” only means no approval decision is required from a competent state authority; land users must still complete land change registration and ensure planning compliance.

Obligation to Register Land Changes

Under Clause 1, Article 133 of the 2024 Law On Land, land users must register land changes whenever land parcel information changes, including a land use purpose conversion not subject to permission. Failure to register is considered an incomplete land procedure and may result in an administrative penalty, even though the conversion itself is lawful.

Planning Compliance Requirement Even Without Permission

Under Article 116 of the 2024 Law On Land, land use planning is one of the grounds the land management authority uses to review and accept land change registration dossiers. Therefore, even without a permission requirement, the conversion must still comply with the district-level land use planning or the approved general/urban zoning plan applicable to the land area.

Competent Authority for Land Change Registration From 1 July 2025

Following the implementation of the two-tier local government model, Decree No. 151/2025/ND-CP dated 12 June 2025 governs the delineation of authority and decentralization in the land sector. It transfers numerous authorities previously held by district-level People’s Committees and their Chairpersons to commune-level People’s Committee Chairpersons, applicable until before 1 March 2027.

Role of the Commune-Level People’s Committee Chairperson

Under Article 5 of Decree No. 151/2025/ND-CP, the commune-level People’s Committee Chairperson now holds many land-related authorities formerly held at the district level. These include recording land prices in permission decisions for conversions under commune-level authority based on the land price list, and issuing land use right certificates for certain cases under the 2024 Law On Land. The commune-level People’s Committee also receives notifications of registered changes from the Land Registration Office after procedures are completed.

Role of the Land Registration Office / Its Branches

Under Decree No. 101/2024/ND-CP, the Land Registration Office or its branch directly examines dossiers and updates the cadastral map, land inventory book, and land database when a land user converts land use purpose without permission. It also notifies the commune-level People’s Committee of the registered change.

Dossier and Procedure Where Land Use Purpose Conversion Do Not Require Permission

The registration procedure for cases where land use purpose conversion without permission follows Decree No. 101/2024/ND-CP, comprising the steps of submission, review, and data update below.

Required Dossier

• Application for land and attached asset change registration, using the form under Decree No. 101/2024/ND-CP.
• The issued land use right certificate (original or a notarized/certified copy).
• Documents proving the new land use purpose complies with local land use planning.
• The land user’s identification documents (citizen identity card or equivalent).

Registration Procedure

1. The land user submits one dossier set at the provincial One-Stop-Shop Department, the Land Registration Office/its branch, or the National/provincial Public Service Portal under Clauses 2 and 4, Article 21 of Decree No. 101/2024/ND-CP.
2. The receiving authority issues a receipt and result appointment; if received at the One-Stop-Shop Department, the dossier is forwarded to the Land Registration Office for processing.
3. The Land Registration Office or its branch reviews the dossier against land use planning and updates the cadastral map and land inventory book accordingly.
4. The Land Registration Office updates the land database, notifies the commune-level People’s Committee, and returns the result to the land user within the statutory time limit.

Financial Obligations Where Land Use Purpose Conversion Do Not Require Permission

For cases where land use purpose conversion do not require permission, not every case is exempt from financial obligations. Whether land use fees or land rent apply is determined under Article 156 of the 2024 Law On Land, independent of the permission requirement.

Cases Requiring Payment of Land Use Fees or Land Rent

Land users converting land use purpose under Points b, c, d, đ, e, and g, Clause 1, Article 121, must pay land use fees or one-off land rent for the entire lease term. This obligation arises under Clause 1, Article 156 of the 2024 Law On Land. The amount payable is the difference between the land use fee or land rent of the new land type and that of the former land type. Detailed calculation is guided under Decree No. 103/2024/ND-CP dated 30 July 2024 on land use fees and land rent.

Cases Not Subject to This Financial Obligation

Point a, Clause 1, Article 121 covers converting rice cultivation land, special-use forest land, protection forest land, or production forest land to another type of agricultural land. This case is not listed under Clause 1, Article 156 of the 2024 Law On Land. Therefore, internal conversions within the agricultural land group that do not require permission fall outside both Point a and Points b, c, d, đ, e, g. These conversions also do not trigger land use fee or land rent obligations under Article 156.

Legal Risks Where Land Use Purpose Conversion Do Not Require Permission

The three most common mistakes exposing clients to risk when handling land use purpose conversion without permission procedures themselves are:

• Confusing Points a to g, Clause 1, Article 121, leading to overlooking a case that actually requires permission.
• Proceeding with the actual conversion, such as construction or cultivation for the new purpose, before completing land change registration.
• Failing to check local land use planning before implementation.

Decree No. 123/2024/ND-CP dated 4 October 2024 governs administrative penalties in the land sector, as amended by Decree No. 281/2026/ND-CP, effective from 31 August 2026. Under this framework, using land for the wrong purpose or incorrectly converting non-agricultural land use purpose is subject to administrative penalties and remedial measures. Notably, Decree No. 281/2026/ND-CP increased the fining authority of commune-level People’s Committee Chairpersons over individual violations in the land sector. It also expanded the inspection and enforcement authority of the People’s Public Security Force over wrong-purpose land use, significantly raising the risk of detection and enforcement at the grassroots level.

Consulting Services Where Land Use Purpose Conversion Do Not Require Permission

Long Phan Consulting provides comprehensive legal services related to land use purpose conversion without permission, including:

• Reviewing land documents and accurately determining whether the proposed land use purpose conversion requires permission under applicable regulations.
• Checking land use planning and land use plans applicable to the land area before carrying out the conversion.
• Drafting and standardizing land change registration dossiers in accordance with regulations.
• Representing clients in working with the Land Registration Office, its branches, and the commune-level People’s Committee.
• Advising on applicable financial obligations, including land use fees and land rent.
• Assisting with complaints where dossiers are returned or the applicable case is incorrectly determined.

Clients may send their case documents via email at info@longphanpmt.com or via Zalo at 0906.735.386 for a preliminary assessment.

Frequently Asked Questions About Land Use Purpose Conversion Do Not Require Permission

Below are common questions clients raise in practice regarding cases where land use purpose conversion without permission.

Conclusion

Correctly determining cases where land use purpose conversion without permission requires careful comparison with the 07 cases specified in Clause 1, Article 121 of the 2024 Law on Land. Land users must also comply with land change registration requirements, approved planning requirements, and any financial obligations that may arise under Article 156. Errors at any stage may result in the dossier being returned or administrative penalties under the latest regulations in Decree No. 281/2026/ND-CP. Clients who need assistance reviewing their dossier or carrying out the procedure may contact Long Phan Consulting via Hotline 1900636389 for timely support.