According to Mr. Duong Hinh (Thai Nguyen), the 2024 Land Law stipulates that households and individuals are allowed to change the purpose of using agricultural land in residential areas, agricultural land in the same plot of land with residential land to residential land if it is consistent with the district-level land use planning or the general planning or zoning planning according to the provisions of the law on urban planning approved by the competent authority.

However, the 2024 Land Law and other relevant legal documents do not stipulate or define what constitutes agricultural land inside or outside a residential area. Therefore, when the competent authority checks the conditions for allowing the change of purpose from agricultural land to residential land in cases where the agricultural land is consistent with the land use planning, it is difficult to determine whether the plot of land is inside or outside a residential area.

On the other hand, in rural areas, mountainous areas, and ethnic minority areas, the density of houses in the same hamlet, village, or residential group is usually very low, and the distance between households is very far. In some cases, households do not have residential land and apply to change the purpose of using agricultural land to residential land, but the district-level professional agency checks and determines that it is not close to adjacent households, while the land is suitable for land use planning as residential land. The Ministry of Agriculture and Environment answers this issue as follows:

Based on the provisions of Point d, Clause 3, Article 67 and Clause 5, Article 116 of the 2024 Land Law, the basis for allowing the conversion of agricultural land use purposes in residential areas, agricultural land in the same plot of land with residential land to residential land or conversion of non-agricultural land use purposes that are not residential land to residential land for households and individuals is the district-level land use planning or the general planning or the zoning planning according to the provisions of the law on urban planning approved by the competent authority (not based on the annual district-level land use plan).

The Law on Urban and Rural Planning stipulates that "Rural residential areas are concentrated residences of households that are connected to each other in production, daily life and other social activities within a certain area in rural areas, formed by natural conditions, socio-economic conditions, technical infrastructure conditions and other factors" (Clause 4, Article 2).

At the same time, it is stipulated that "The People's Committee at the commune level organizes the preparation of planning tasks, general planning of the commune, detailed planning of rural residential areas and construction areas within the administrative boundaries under its management" (Clause 6, Article 17).

The general planning of the commune includes the following main contents: (1) Forecasting and determining economic-technical indicators and land use indicators for planning, rural residential area network; (2) Orientation for the development of the system of commune centers, rural residential areas, areas in need of conservation, functional areas for agricultural production, industry, small-scale industry, craft villages, services and technical infrastructure systems; requirements on environmental protection.

Clause 1, Article 3 of Circular No. 124/2021/TT-BCA dated December 28, 2021 of the Ministry of Public Security stipulating residential areas, communes, wards, towns, agencies, enterprises, educational institutions meeting the standards of "Safety in terms of security and order" stipulates that a residential area is a place where people and households reside concentrated within a certain area, which is the common name of a village, hamlet, and equivalent residential unit.

Thus, current law has the concept of residential area, rural residential area. We recommend that you contact the local land management agency for guidance and resolution in accordance with the authority and provisions of the law.