Permission for Converting Agricultural to Non-Agricultural Land

Permission for Converting Agricultural to Non-Agricultural Land is a question of great interest to many land users amidst the increasing demand for housing construction, business investment, and infrastructure development. Clients need to clearly understand the conditions regarding local planning and annual land use plans to ensure legality. In the following article, Long Phan Consulting Company will analyze the current legal regulations on this issue in detail.

Cases involving changes in land use must be authorized by the competent state agency

Based on Clause 1, Article 121 of the Land Law 2024, cases of changing land use purpose that must be permitted by competent state agencies include:

1. Changing rice cultivation land, special-use forest land, protection forest land, production forest land to another type of land within the agricultural group.
2. Changing agricultural land to non-agricultural land.
3. Changing other types of land to concentrated livestock farming land for large-scale projects.
4. Changing non-agricultural land granted without land use levy to non-agricultural land granted with levy or lease.
5. Changing non-agricultural land that is not residential land to residential land.
6. Changing land for non-business works or public purposes with business aims to non-agricultural production/business land.
7. Changing non-agricultural production/business land that is not commercial/service land to commercial/service land.

Therefore, changing the land use structure from agricultural to non-agricultural land requires permission from competent state agencies.

Documents prepared for converting agricultural land to non-agricultural land.

Based on Section I, Part III issued with Decree No. 151/2025/ND-CP and Clause 1 Article 15 of Decree No. 49/2026/ND-CP, the dossier includes:

• Application: Made according to Form No. 01 issued with Decree No. 151/2025/ND-CP.
• Project Documents: Copy of investment project approval or investment policy approval (if applicable).
• Legal Documents: Certificates of land use rights (Red Book/Pink Book) or decision on land allocation/lease/permission for change of use purpose.

>>>See more: Initial Land Registration Procedure

Sequence and procedures for converting agricultural land to non-agricultural land.

Based on Article 227 of the Land Law 2024:

Step 1: Submit Dossier

• The land user submits 01 set of dossiers to the “One-Stop Shop”.
• The land management agency reviews the dossier. If valid, the Land Registration Office provides database info and cadastral map extracts.

Step 2: Processing

• The agency completes the dossier and submits it to the Provincial/District People’s Committee to issue the Decision allowing change of land use purpose.
• The tax authority determines the financial obligations (land use levy/rent) and issues a notice.

Step 3: Financial Obligations

• The land user pays the land use levy/rent.
• The tax authority confirms payment.

Step 4: Results

• The competent authority signs the Certificate (or updates the existing one).
• The land user receives the decision and updated documents at the One-Stop Shop.
• Timeframe: Not exceeding 20 days (plus 10 days for remote/difficult areas).

Authority to permit the conversion of non-agricultural land to agricultural land.

According to Article 123 of the Land Law 2024 (amended by Decree 151/2025/ND-CP):

1. Provincial People’s Committee: Decides for domestic organizations.
2. District-level People’s Committee: Decides for individuals.

Note: Permission for commercial/service use of 0.5 ha or more requires written approval from the Provincial People’s Committee first.

>>>See more: Land Use Purpose Change Registration Procedure

Real estate consulting services at Long Phan Consulting Company

Long Phan Consulting Company provides professional services to help clients navigate complex land conversion procedures. We structure our support into the following key areas:

• Providing advice on land use rights, ownership of houses and assets attached to land.
• Providing advice, drafting, and reviewing contracts for the purchase, transfer, donation, lease, and mortgage of real estate.
• Consulting services for investment projects, real estate business, residential areas, commercial areas, and future housing developments.
• Providing advice on procedures for granting, transferring, splitting, merging land plots, and changing land use purposes.

Frequently Asked Questions About Permission for Converting Agricultural to Non-Agricultural Land

Below are frequently asked questions regarding the procedure for converting agricultural land to non-agricultural land use. Please refer to them:

In which cases is it mandatory to obtain permission to convert agricultural land to non-agricultural land?

According to Article 121 of the 2024 Land Law, most cases of converting agricultural land to non-agricultural land require permission from the competent state agency. Specifically, this includes: converting rice paddy land, special-use forest land, protective forest land, and production forest land to non-agricultural land; or converting agricultural land in general to residential land (housing land). Customers should note that construction is not permitted without a permit from the competent People’s Committee.

What is the area of ​​land whose use will be changed?

The basis for permitting the conversion of agricultural land within residential areas, agricultural land within the same plot containing residential land to residential land, or the conversion of non-agricultural land other than residential land to residential land for households and individuals is the commune-level land use plan, or the general plan, or the zoning plan as prescribed by the law on urban planning, which has been approved by the competent authority. Therefore, the law does not specify a limit on the conversion of land use.

Legal basis: Clause 5, Article 116 of the 2024 Land Law

Is it permissible to change the land use purpose of land that is subject to planning regulations?

In cases where land use planning has been publicly announced but there is no annual land use plan, land users may continue to use the land and exercise their rights as stipulated in this Law. Furthermore, Clause 6, Article 26 of the 2024 Land Law stipulates that land users have the right to change the land use purpose in accordance with this Law and other relevant laws. Therefore, land affected by planning but without an annual land use plan can still have its land use purpose changed.

Legal basis: Clauses 4 and 6, Article 76 of the 2024 Land Law

Is it necessary to pay land use fees when converting agricultural land to non-agricultural land?

Cases requiring payment of land use fees when changing land use purposes include the conversion of agricultural land to non-agricultural land, which is included in the list of land use fees and land rent payable in a lump sum for the entire lease period. This amount is the difference between the land use fee and land rent of the land type after the change of land use purpose and the land use fee and land rent of the land type before the change of land use purpose for the remaining land use period.

Legal basis: Clause 1, Article 156 of the 2024 Land Law

When can I convert my land to residential land without having to pay land use fees?

Based on Article 121 of the 2024 Land Law, the conversion of land use purposes is exempt from land use fees in the following cases:

In cases where land originally designated as residential or non-agricultural land with a long-term, stable land use period in accordance with the law has been converted to other purposes, but there is now a need to convert it back to residential land and it conforms to the land use plan, no land use fee needs to be paid.

What are the regulations regarding compensation for land when the State reclaims agricultural land from economic organizations, residential communities, religious organizations, and affiliated religious organizations??

Based on Article 97 of the 2024 Land Law, compensation for land when the State recovers agricultural land from economic organizations, residential communities, religious organizations, and affiliated religious organizations is regulated as follows:

• Economic organizations using agricultural land that has been allocated by the State with land use fees, leased with a one-time payment for the entire lease period, or acquired through the transfer of land use rights when the State reclaims the land, if they meet the conditions for compensation stipulated in Article 95 of the 2024 Land Law, shall be compensated for the land.
• Local communities, religious organizations, and affiliated religious organizations that are using agricultural land when the State reclaims the land, if they meet the conditions for compensation stipulated in Article 95 of the 2024 Land Law, shall be compensated for the land.

Conclusion

Long Phan Consulting Company commits to providing in-depth legal solutions regarding the issue of whether changing agricultural land purpose to non-agricultural land requires permission under the latest regulations. We help clients optimize the variation registration process and ensure full compliance with the current Land Law. To receive direct support and technical advice from leading experts, please contact Hotline 1900636389 today.