Residential land and change of land use purpose: conditions, steps, costs

This content is for reference and is not legal advice. Rules may change and differ by locality; for a specific case, ask the competent authority or a lawyer. Updated 24 October 2026.

"Thổ cư" is the common name for residential land (đất ở) in the land classification. When you buy a plot recorded as agricultural land (annual crop land, garden land and so on) and want to build a home, you generally need to change the land use purpose to residential land as required.

1. When permission is required

Under Article 121 of the 2024 Land Law (No. 31/2024/QH15), clause 1 lists the cases where a change of land use purpose must be permitted by the competent state authority; these include converting agricultural land to non-agricultural land (including residential land) and converting non-agricultural land other than residential land to residential land (points b, d and đ of clause 1, as summarised from legal news sources). Cases outside this list do not need permission, but the land user must still meet financial obligations and the land use regime of the new land type applies. If you build without permission, you may face an administrative penalty, a demolition order, or be refused a construction permit.

2. Basic conditions

1. Consistent with planning: the plot lies in an area planned for residential land use (see how to look up planning).
2. An annual land use plan at district level (commune level after any boundary reorganisation) that allows the change of purpose.
3. A certificate, or eligibility to be issued a certificate, for the plot.
4. Within the quota for residential land allocation and for recognition of residential land set by the locality (provincial People's Committee regulations).
5. No dispute, seizure or mortgage obstructing the change of purpose.

Illustrative example (assumed figures)

You buy 100 m² of garden land to build a house. The planning designates the area as residential land, so you can file for a change of purpose. The tax authority issues a notice of land use fee based on the land price list; the exact amount depends on the locality, so ask for the expected notice before negotiating the price. If the planning instead shows green space, you should stop, because the chance of conversion to residential land is low.

3. Common documents

Document	Note
Application for change of land use purpose	On the receiving authority's form
Certificate (original)	If mortgaged, this must be resolved first
Personal documents (citizen ID / passport, marriage certificate if co-owned)	All named owners
Drawing or cadastral extract if needed	Depends on the locality
Other documents required locally	Ask the one-stop desk

4. Step-by-step process

1. Check the planning and the land type on the certificate.
2. Submit the file at the receiving desk (land registration office or one-stop desk).
3. The authority appraises, determines the financial obligations and issues a notice.
4. You pay the land use fee and other amounts as notified.
5. Receive the decision permitting the change of purpose and the updated certificate.

Processing times and specific steps differ by locality; ask the one-stop desk where the land is.

5. Costs to budget for

• Land use fee when converting from agricultural to residential land, calculated from the land price list and the difference as regulated (the exact method follows the decree guiding the collection of land use fees).
• Registration fee, appraisal fee, certificate issuance fee.
• Survey and extract costs, if any.

Ask the tax or land authority for the expected amount before buying so you can work out the correct total cost.

Quick comparison: buying residential land vs land not yet converted

Criterion	Already residential land	Not yet converted
Building a house	Follow the construction procedure as regulated	Must convert the purpose first
Cost	Price already includes the value of residential land	Lower price but add land use fee and charges
Time	Shorter	Wait for the file to be processed
Risk	Lower	Higher if planning does not allow it

6. Risks of buying land not yet converted

• The seller promises "it can be converted" but the planning does not allow it.
• The conversion cost is higher than expected, making the real price higher than the market price of residential land.
• Buying with a handwritten paper or a notarial-record (vi bằng) does not replace the lawful transfer procedure.
• A long wait affects the plan to build and any bank loan.

7. Suggestions for a safer purchase

Ask the seller for the original certificate and the authority's planning confirmation, and write into the deposit agreement a condition of "successful change of purpose" or a refund of the deposit (see reservation, deposit, sale and purchase agreement). If you buy an apartment in a project, this issue has usually been handled by the developer; check the article Checking a project's legal status before you buy.

The pages below are all newspapers or legal news sites, not original legal texts; article and clause numbers come from these pages and must be checked against the original text before being relied on.

• Article 121 of the 2024 Land Law (clause 1, list of cases requiring permission) — Industry and Trade Magazine, Quy định về chuyển mục đích sử dụng đất theo Luật Đất đai 2024, seen in search results 24 October 2026, full article not opened.
• Thu Vien Phap Luat — Toàn văn điểm mới Luật Đất đai 2024, phần 9.1 chuyển mục đích sử dụng đất, seen in search 24 October 2026, could not be opened (thuvienphapluat often returns 403).