Mr. Luan asked, so is he allowed to submit the Certificate, application for change registration, penalty decision, and fine payment receipt to be granted a Certificate from rice-growing land to residential land and not have to follow the procedure of requesting permission to change land use purpose from a state agency according to Article 121 of the 2024 Land Law?

The Ministry of Agriculture and Environment answers this issue as follows:

Article 25 of Decree No. 101/2024/ND-CP dated July 29, 2024 of the Government regulating basic land survey; registration, issuance of Certificates of land use rights, ownership of assets attached to land and the Land Information System stipulates the issuance of Certificates of land use rights in cases of land use not for the purposes assigned, leased, or recognized (i.e., having been granted a Certificate of land use rights) before July 1, 2014 (Article 25 details Clause 3, Article 139 of the 2024 Land Law), in which, at Point b, Clause 6, Article 25 stipulates: "In cases where a Certificate has been granted, registration of changes in land and assets attached to land shall be carried out in accordance with the provisions of Articles 29 and 37 of this Decree".

Article 29 of Decree No. 101/2024/ND-CP stipulates the documents to be submitted when registering land changes, in which Clause 3, Article 29 stipulates: "One of the types of documents related to the content of land changes and assets attached to land for each specific case as prescribed in Article 30 of this Decree".

Clause 21, Article 30 stipulates: "In the case prescribed in Point b, Clause 6, Article 25 of this Decree, submit a decision on administrative sanctions in the land sector, which shows the remedial measure of compulsory land registration; and a document proving the fine payment by the land user".

Based on the above provisions, in the case of a land plot that has been granted a Certificate of Land Use Rights but arbitrarily changes the land use purpose, which is a case requiring permission from a competent State agency before July 1, 2014 and has a decision on administrative sanctions in the land sector as you asked, it is implemented according to the land change registration dossier (the submitted dossier includes the decision on sanctions, fine payment documents, Certificate of Land Use Rights and application for land change registration) to be granted a Certificate of Land Use Rights according to the land type after arbitrarily changing the land use purpose.

The Ministry of Agriculture and Environment would like to inform you of the above provisions so that you can study and implement them in accordance with the provisions of law.