Hello Lawyer X! My family has an unused field, so I want to change the use purpose to growing industrial crops. I want to ask the lawyer how is the procedure for applying for the change of land use purpose currently regulated? I hope the lawyer will respond soon to answer my questions. Thank you!
Thank you for submitting your question to the Lawyer. We will answer your questions in the following article. Please refer.
Legal grounds
- Decree 43/2014/ND-CP
- Land Law 2013
- Decision 2555/QD-BTNMT
- Circular 09/2021/TT-BTNMT
- Circular 30/2014/TT-BTNMT
What is land use conversion?
Change of land use purpose is a change in land use purpose compared to the original land type by administrative decision in case of change of land use purpose requiring permission or land registration in the case not obtain permission from the competent state agency.
Cases of change of land use purpose require permission
According to Clause 1, Article 57 of the 2013 Land Law, cases of change of land use purpose that must be approved by a competent state agency include:
To change the land for rice cultivation to land for planting perennial crops, land for afforestation, land for aquaculture, land for salt production;
Transfer of land for planting other annual crops to land for saltwater aquaculture, salt production, aquaculture land in the form of ponds, lakes and lagoons;
Change of special-use forest land, protection forest land, production forest land to use for other purposes in the group of agricultural land;
Converting agricultural land to non-agricultural land;
Transfer of non-agricultural land allocated by the State without land use levy to non-agricultural land allocated by the State with land use levy or leased land;
Converting non-agricultural land which is not residential land to residential land;
Transfer of land for construction of non-business works, land used for public purposes for business purposes, land for non-agricultural production and business that is not commercial or service land to commercial or service land; converting commercial, service, and non-business construction land to land for non-agricultural production establishments.
Cases of change of land use purpose that do not require permission
According to Clause 2, Article 5 of Circular 09/2021/TT-BTNMT, the cases of change of land use purpose do not require permission from a competent state agency but must register the change, including:
Converting annual crops to other agricultural land, including: land used to build greenhouses and other houses for cultivation purposes; land for construction of barns for raising cattle, poultry, and other animals permitted by law; aquaculture for the purpose of study, research and experiment;
Converting land for planting other annual crops, aquaculture land to perennial crops;
Converting land for growing perennial crops to land for aquaculture or annual crops;
Converting residential land to non-agricultural land which is not residential land;
Transfer of commercial and service land to other types of land belonging to non-agricultural production and business land which is not the land of non-agricultural production establishments; converting non-agricultural production and business land that is not commercial or service land, land of non-agricultural production establishments to land for construction of non-business works.
Procedures for applying for change of land use purpose
Application for change of land use purpose
According to Article 6 of Circular 30/2014/TT-BTNMT, the application for change of land use purpose includes:
The land user shall submit 01 set of dossier, for the case of change of land use purpose, with the permission of a competent state agency; Profile include:
An application for change of land use purpose, made according to Form No. 01 issued together with this Circular;
Certificate of land use right or Certificate of ownership of houses and residential land use rights or Certificate of land use rights, ownership of houses and other assets attached to land.
A dossier to be submitted to the People’s Committee of the competent level for decision on permitting the change of land use purpose includes:
The papers specified in Clause 1 of this Article;
Minutes of field verification;
A copy of the explanation of the investment project, for the project that is not required to be submitted to a competent state agency for approval, the project is not required to be granted an investment certificate; a copy of the economic – technical report of the land-using organization, in case an investment project for construction of works is not required; documents on appraisal of land use needs; Appraisal of conditions for permitting change of land use purpose specified in Clause 3, Article 58 of the Land Law and Article 14 of Decree No. 43/2014/ND-CP made when issuing investment certificates or project appraisal investment or project approval, for projects that must be submitted to competent state agencies for approval, and must issue investment certificates;
Documents on appraisal of land use needs, appraisal of conditions for permitting change of land use purpose specified in Clause 3, Article 58 of the Land Law and Article 14 of Decree No. 43/2014/ND-CP for projects not required to submit to competent state agencies for approval, not to issue investment certificates and in case of not having to formulate investment projects for construction of works.
In case households and individuals apply for change of agricultural land use purpose for commercial or service purposes with an area of 0.5 hectares or more, the written approval of the Committee must be added. provincial people according to the provisions of Point a, Clause 2, Article 59 of the Land Law;
Extract the cadastral map of the land plot or extract the cadastral measurement of the land plot;
The report enclosed with the draft decision on permission to change the land use purpose is made according to Form No. 05 issued together with this Circular.
Procedures for applying for change of land use purpose
Pursuant to Article 69 of Decree 43/2014/ND-CP and guidance in Decision 2555/QD-BTNMT, the procedure is carried out according to the following steps:
Step 1. Prepare documents
Step 2. Submit application
Submit an application for permission to change the land use purpose together with the Certificate to the Department of Natural Resources and Environment. Applications can be submitted in the following ways:
Option 1: The locality that has established a one-stop shop shall submit the payment at the one-stop section or at the public administrative center for some provinces and cities.
Option 2: If the locality has not yet established a one-stop shop, it should be submitted directly to the Department of Natural Resources and Environment.
Receipt of dossiers: If the dossier is incomplete or invalid, within 03 working days, the dossier-receiving and processing agency must notify and guide the applicant to supplement and complete the dossier. prescribed records.
Step 3. Processing and resolving requests
Department of Natural Resources and Environment is responsible for verifying the dossier; Field verification, assessment of the need for re-purpose.
The Department of Natural Resources and Environment shall guide land users to fulfill their financial obligations as prescribed by law.
The Department of Natural Resources and Environment submits the provincial People’s Committee for decision to allow the change of purpose.
The Department of Natural Resources and Environment directs the update and correction of the land database and cadastral records.
Land users fulfill financial obligations as prescribed.
Step 4. Return the result
The Division of Natural Resources and Environment issues a decision permitting the change of land use purpose to households and individuals after the individual fulfills financial obligations.
Implementation time: No more than 15 days from the date of receipt of complete and valid dossiers; time excluding weekends and public holidays as prescribed by law; does not include the time to receive the dossiers at the commune, the time to fulfill the financial obligations of the land users; does not include the time for consideration and handling for the case of land use in violation of the law, the time for soliciting expertise.
For communes in mountainous, island, deep-lying and remote areas and areas with difficult socio-economic conditions, the implementation time may be increased by 10 days.
In case the State agency is slow to implement, the people have the right to complain or sue for such delay.
Please see more:
- Transfer of investment projects associated with the transfer of land use rights in Vietnam
- Guidance on procedures for transferring land use rights in Vietnam
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Frequently asked questions
According to Article 59 of the 2013 Land Law, the authority to permit the change of land use purpose is prescribed as follows:
Provincial-level People’s Committees shall decide to permit the change of land use purpose in the following cases: permitting the change of land use purpose for organizations;
The district-level People’s Committee shall decide to permit the change of land use purpose in the following cases: Allowing the change of land use purpose for households and individuals. In case a household or individual permits the change of agricultural land use purpose for commercial or service purposes with an area of 0.5 hectares or more, a written approval from the National Assembly is required. Provincial People’s Committees before making decisions;
Commune-level People’s Committees lease land belonging to the agricultural land fund for public purposes of communes, wards and townships.
– The agency competent to decide to permit the change of land use purpose specified in Clauses 1 and 2 of this Article is not authorized.
According to Clause 3, Article 11 of Circular 02/2015/TT-BTNMT, the order and procedures for registration of land use purpose change without obtaining permission from a competent state agency are as follows:
– The land user shall submit the application at the application-receiving place specified in Clauses 2, 3, 4 and 5, Article 60 of Decree No. 43/2014/ND-CP;
– The land registration office is responsible for checking the dossier; field verification in case of necessity; confirmation on the Application Form; confirm the land use purpose in the Certificate; correct and update changes in cadastral records and land database (if any); handing over the Certificate to the grantee or sending it to the commune-level People’s Committee to discuss the case of filing at the commune-level.
Conclusion: So the above is Procedure to apply for change of use purpose in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
