Dossier, Procedures, and Fees for Converting Agricultural Land to Residential Land

13 February, 2026 16 Views

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Transfer of Agricultural Land to Residential Land is one of the legal procedures that many people are interested in when they need to use land for housing construction or business purposes. This conversion process not only involves submitting a dossier to the competent authority but also includes certain costs and specific legal regulations under the Land Law. To help you understand more clearly, this article provides detailed information on the required dossier, procedural steps, and related fees when converting agricultural land to residential land.

What Is Residential Land?

Dossier, Procedures, and Fees for Converting Agricultural Land to Residential Land

Under land law, there is no official category called “residential land” (đất thổ cư). However, “residential land” is a common colloquial term used by the public to refer to land for residential purposes.

Pursuant to Clause 1, Article 5 of Decree 102/2024/NĐ-CP, residential land is land used for housing construction and other purposes serving daily life within the same land plot. Residential land includes rural residential land and urban residential land, specifically as follows:

– Rural residential land is residential land within the administrative boundaries of communes, except for residential land that has undergone urban development projects in accordance with the urban and rural planning system but still falls within the administrative boundaries of communes;
– Urban residential land is residential land within the administrative boundaries of wards, townships, and residential land within the administrative boundaries of communes that has undergone urban development projects in accordance with the urban and rural planning system.

Conditions for Converting Agricultural Land to Residential Land

Pursuant to Clause 5, Article 116 of the Land Law 2024, households and individuals are permitted to convert agricultural land within residential areas or agricultural land within the same plot containing residential land to residential land if it is consistent with the district-level land use plan or the general planning or detailed planning in accordance with urban planning law approved by the competent authority.

Previously, pursuant to Article 52 of the Land Law 2013, the basis for permitting conversion of land use purpose was the annual land use plan of the district approved by the competent state authority.

From the above provisions, it can be seen that from August 1, 2024, the basis for permitting conversion of agricultural land to residential land is the district-level land use plan rather than the annual district land use plan as before.

Accordingly, the district-level land use plan is regulated under Article 62 of the Land Law 2024 with a 10-year term (vision to 20 years). The district-level land use plan is prepared annually.

Thus, households and individuals are permitted to convert agricultural land to residential land if it is consistent with the approved district-level land use plan.

Procedure for Applying to Convert Land Use Purpose to Residential Land

Step 1: Preparation of the Dossier for Application to Convert Land Use Purpose

The land user must prepare one set of dossier for application to convert land use purpose, including:
– Application for conversion of land use purpose using Form No. 01 issued under Circular 30/2014/TT-BTNMT (effective until January 1, 2025).
– Land Use Right Certificate or Certificate of Land Use Rights, Residential Ownership and Other Assets Attached to Land.

Step 2: Submission of the Dossier for Application to Convert Land Use Purpose

The land user submits one set of dossier for application to convert land use purpose to the Department of Natural Resources and Environment at the relevant locality for processing in accordance with jurisdiction.

The Department of Natural Resources and Environment shall examine the dossier (based on the basis for permitting conversion of land use purpose). If the dossier is incomplete or invalid, within no more than 03 working days, the Department of Natural Resources and Environment shall notify and guide the land user to supplement and complete the dossier as prescribed.

Step 3: Payment of Land Use Fee According to the Notice of Land Use Fee Payment

Step 4: Receipt of Results

The land user shall receive the decision permitting conversion of land use purpose at the Department of Natural Resources and Environment where the dossier was submitted.

The time limit for processing applications for conversion of land use purpose is no more than 15 days (excluding time for fulfillment of financial obligations by the land user) or no more than 25 days for mountainous communes, islands, deep-lying and remote areas, and areas with difficult or extremely difficult socio-economic conditions.

How Much Does It Cost to Convert Agricultural Land to Residential Land?

Land Use Fee

Pursuant to Article 8 of Decree 103/2024/NĐ-CP, the land use fee when converting land use purpose is calculated as follows:

Land use fee when converting land use purpose

Land use fee for the type of land after conversion

–

Land use fee for the type of land before conversion (if any)

Fee for Issuance of Certificate

The fee for issuance of the Certificate of Land Use Rights, Residential Ownership and Assets Attached to Land includes: issuance of Certificate of Land Use Rights, Residential Ownership and Assets Attached to Land; certification of registration of land changes; extraction of cadastral map; other cadastral documents and data.

Depending on the specific conditions and socio-economic development policies of each locality, the fee rate may vary to ensure the principle that the fee rate for households and individuals in urban districts, inner-city wards, and towns under provinces is higher than in other areas; the fee rate for organizations is higher than for households and individuals.

Thus, the fee for issuance of the Certificate shall be determined by the People’s Council of each province or centrally-run city for application in their locality, so it is not uniform nationwide.
– Amount payable: From 100,000 VND or less per issuance.

Registration Fee

– Taxable subjects: In most cases, no registration fee is payable; it only applies in cases where the Certificate is issued with exemption from registration fee, and subsequent conversion of land use purpose requires payment.
– Calculation of registration fee:
Registration fee = (Land price in the land price table × Area) × 0.5%

Dossier Appraisal Fee

The dossier appraisal fee is prescribed by the People’s Council of each province or centrally-run city, so:
– Not all provinces and cities collect this fee.
– If collected, the amount varies among provinces and cities.

Support Services for Consultation on Conversion of Agricultural Land to Residential Land at BKC Law

BKC Law provides professional consultation and support services for the procedure of converting agricultural land to residential land, ensuring clients save time and fully comply with legal regulations. Our experienced team of lawyers will provide detailed guidance on each necessary step, from dossier preparation, submission of application for conversion of land use purpose, to working with competent authorities. With the motto “Reputation – Dedication – Companionship,” BKC Law is committed to delivering satisfaction and the best results for our clients.

To receive free legal consultation at BKC Law, please contact our lawyers using the following information:

Telephone: 0901 3333 41
Email: info@bkclaw.vn
Branch in District 1: 9th Floor, Diamond Plaza Building, 34 Le Duan Street, District 1, Ho Chi Minh City
Branch in Binh Tan: 41 Ten Lua Street, Binh Tan District, Ho Chi Minh City