Regulations on converting land for perennial crops to residential land in Vietnam
My family has a plot of land in perennials; Now due to the need to build a house, the family wants to move more to residential land. However, when asking for permission; The Department of Natural Resources and Environment replied, that my family’s land belongs to the category of traffic land according to the construction zoning planning project approved by the City People’s Committee in 2020, so there is no land for conversion. Can I ask if this is the case with the Department of Environmental Resources? Can we continue to use the land? What are the regulations on converting land for perennial crops to residential land? Ask your lawyer to answer.
Change of land use purpose is one of the issues that land users are concerned about. Most people who are using agricultural land want to convert it to residential land. So how does the law regulate the conversion of land for perennial crops to residential land? What are the conversion conditions and bases? Authorization for conversion? To answer this problem, Lawyer X would like to introduce the article “Regulations on converting land for perennial crops to residential land?”. We invite you to read along.
Legal grounds
– Land Law 2013
– Decree No. 43/2014/ND-CP
– Circular No. 33/2017/TT-BTNMT
Land for planting perennial crops, residential land; What is land-use change?
– According to the provisions of Article 10 of the 2013 Land Law on the classification of land according to land use purposes; The land for perennial crops is a type of land belonging to the group of agricultural land. For this type of land, the land user only allowed to grow perennial crops such as rubber; the coffee; cocoa; label; fabric; Eucalyptus; mother of pearl; glue, … are regulated in Circular 27/2018/TT – BTNMT.
– Under Clause 2.1 in Section I, Appendix I promulgated together with Circular 28/2014/TT-BTNMT stipulates as follows:
“Residential land is land for building houses and building works in service of life. Garden and pond land attached to houses in the same land plot in a residential area (including the case of gardens and ponds attached to separate houses) has recognized as residential land. Residential land includes residential land in rural areas and residential land in urban areas.
In case residential land is used for non-agricultural production and business purposes (including mixed-purpose apartment buildings), in addition to the statistics according to the residential land purpose, it must also make statistics of the secondary purposes. non-agricultural production and business land.”
– Each type of land has different uses. Accordingly, land use purpose change is a change in land use purpose compared to the original land type by administrative decision in case permission is required or only land registration is required in case permission is not required. competent state agency.
Regulations on changing the purpose of using land for perennial crops to residential land
The change of land use purpose for perennial crops to residential land; must comply with the provisions of current law; including the following provisions:
Grounds for change of land use purpose
According to Article 52 of the Land Law 2013; The change of land use purpose must be based on:
– The annual land-use plan of the district has been approved by the competent state agency.
– Demand for land use is expressed in investment projects, applications for land allocation, land leases, and changes in land use purposes.
In which, the district-level annual land-use plan has been approved by a competent state agency by law (including regulations on principles, grounds, content, competence, and procedures for collecting opinions). consultation, formulation, appraisal, approval, and publication of the district-level annual land-use plan);
In addition, the conversion of the purpose to residential land must be consistent with the regulations on the regime of residential land use in urban areas specified in Article 144 of the 2013 Land Law. Specifically, by land use planning and regulations. urban construction plans are already approved by competent state agencies.
Must authorize by the competent state agency
According to Point e, Clause 1, Article 57 of the 2013 Land Law:
“Conversion of non-agricultural land that is not residential land to residential land” must permit by a competent state agency.
Which, the authority to decide to permit the change of land use purpose, in this case, is the district People’s Committee; according to the provisions of Point a, Clause 2, Article 59 of the Land Law.
Procedures for changing the use purpose to residential land
– The order and procedures for permitting the change of land use purpose shall comply with the provisions of Clause 1, Article 68, and Article 69 of Decree No. 43/2014/ND-CP; Circular No. 30/2014/TT-BTNMT (amended and supplemented in Circular No. 33/2017/TT-BTNMT).
+ The land user applies for permission to change the land use purpose together with the Certificate to the natural resources and environment agency.
+ The natural resources and environment agency is responsible for verifying the dossier; field verification, assessment of the need to change the land use purpose; guiding land users to fulfill their financial obligations as prescribed by law; submit to the People’s Committee at the competent level for decision permitting the change of land use purpose; directing the updating and correction of land databases and cadastral records.
+ In case of permitting by a competent state agency to change the land use purpose; then the land user must fulfill financial and other obligations as prescribed.
Can the land under the planning convert or continue to use?
Rights of land users in the planning area
Article 49 of the Land Law prescribes the implementation of master plans and plans on land use; which stipulates:
“2. In case the land use planning has published without an annual land-use plan at the district level, the land user may continue to use the land and exercise the rights of the land user per the provisions of law.
In case there is an annual land-use plan at the district level, the land users in the area must change the land use purpose and recover the land according to the plan to continue exercising the rights of the land users but not to build new houses, works, plant perennial trees; if land users wish to renovate or repair existing houses or works, they must obtain permission from competent state agencies following the law.
3. The land area stated in the annual district-level land use plan has been announced that must be recovered for project implementation or the land use purpose must be changed but there is no decision on land recovery after 3 years or no is permitted to change the land use purpose, the state agency competent to approve the land use plan must adjust, cancel and announce the adjustment, cancellation of acquisition or change of purpose for the land area. The land area is recorded in the land-use plan.
In case the state agency competent to approve the land use plan does not adjust or cancel it or has it adjusted or canceled but fails to announce the adjustment or cancellation, the land user is not restricted in his/her rights. as prescribed in Clause 2 of this Article.
4. At the end of the land use planning period, but the land use planning criteria have not been fully fulfilled, the implementation may continue until the next land use planning period is decided by a competent state agency. approved and approved”.
Is it possible to change the land use purpose?
According to Article 52 of the Land Law 2013; the basis for permitting the change of land use purpose is the annual land-use plan at the district level.
The above regulation shows; In case your family that not allowed to change the purpose of land use from the land for perennial crops to residential land for the reason that the land belongs to the category of traffic land under the construction zoning planning project approved by the City People’s Committee if is not correct.
However; In case the construction zoning planning project has identified in the land use planning or annual land-use plan of the city already approved and announced, not allowed to convert the land use purpose from the land grow perennial crops into residential land.
In case you want to know the location of the specific land in the field compared to the planning; If the land use plan has approved, you can contact the land registration office of the province to provide information about the master plan and land use plan.
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Frequently asked questions
According to Article 59 of the Land Law:
– Provincial-level People’s Committees may permit the change of land use purpose in the following cases:
Allow the change of land use purpose for the organization;
– The district-level People’s Committees shall permit the change of land use purpose in the following cases:
Permit to change the purpose of land use for households and individuals. In the case of leasing land to households or individuals, permitting the change of agricultural land use purpose to use for commercial or service purposes with an area of 0.5 hectares or more, written consent must be obtained. approval of the People’s Committee of the province before making the decision;
Non-agricultural land is land that is not used for agricultural purposes; including many different types of land, including Residential land, rural land, urban residential land; Land for construction of office buildings and non-business works; Land used for defense and security purposes; Besides, land used for public purposes; Land for religious and belief establishments; Land for cemeteries, graveyards, funeral homes, crematoriums; Moreover, land for rivers, canals, canals, streams, and specialized water surface; another non-agricultural land.
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