Conditions for land allocation, land leasing, and permission to change land use purposes.

Article 122 of the 2024 Land Law stipulates the conditions for land allocation, land lease, and permission to change land use purposes as follows:

1. The competent state agency may only decide to allocate land, lease land, or permit the conversion of land use from rice cultivation land, special-use forest land, protection forest land, and production forest land to other purposes after a Resolution of the Provincial People's Council and meeting the grounds stipulated in Article 116 of this Law, except in cases where the land is used for projects under the authority of the National Assembly or the Prime Minister to approve and decide on investment policies according to the Law on Investment, the Law on Public Investment, the Law on Investment under the Public-Private Partnership method, and the Law on Oil and Gas; or the Provincial People's Council to approve and decide on investment policies according to the Law on Public Investment and the Law on Investment under the Public-Private Partnership method.

The conversion of land used for rice cultivation, special-use forests, protection forests, and production forests to other purposes must comply with the criteria and conditions stipulated by the Government.

2. Individuals to whom the State allocates land, leases land, or permits the conversion of land use for investment projects must meet the following conditions:

a) Deposit or other forms of security as prescribed by investment law;

b) Possess the financial capacity to ensure the land is used according to the investment project schedule and other conditions as prescribed by relevant laws;

c) Not violating land law regulations, or having violated land law regulations but having complied with legally effective decisions and judgments of competent authorities at the time of requesting land allocation, land lease, or permission to change land use purpose. The determination of land users violating land law regulations applies to all land parcels currently in use nationwide.

3. Permission to change the land use purpose for the implementation of commercial housing construction investment projects must meet the following conditions:

a) The conditions stipulated in Clause 2 of this Article;

b) Persons permitted by the State to change the land use purpose have the right to use residential land or residential land and other land;

c) In accordance with land use planning, construction planning, urban planning, and housing development programs and plans of the locality, and not falling under the cases where the State reclaims land for national defense and security purposes, or reclaims land for socio-economic development for national and public benefit as stipulated in Articles 78 and 79 of this Law;

d) There must be a written approval of the investment policy and the investor from the competent authority in accordance with the law on investment.

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