Nowadays, in Vietnam rice land and aquaculture land are forms of land that recieve many concerns from the community. At the moment, I am having a piece of rice land that no longer needs to be used and want to change the use purpose to aquaculture. So about the matter “Dossier to convert rice land to aquaculture land in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
What is the procedure to convert rice land to aquaculture land?
– Change of land use purpose is: change of 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.
– Procedures for changing land use purpose from paddy land to aquaculture land is the case of changing from rice land for the purpose of rice cultivation to aquaculture land for the purpose of aquaculture.
– Rice land is a type of land with suitable conditions for growing rice, including land specializing in wet rice cultivation (land for growing two or more wet rice crops in a year) and other rice land (remaining wet rice land and upland rice fields). Therefore, when you want to grow aquaculture, you must change the purpose of land use from rice cultivation to aquaculture land.
Conditions for carrying out the procedure to convert rice land to aquaculture land
– Having a Certificate, except for the case specified in Clause 3, Article 186 and the case of inheritance specified in Clause 1, Article 168 of this Law;
– Land without dispute;
– The land use right is not distrained to secure judgment enforcement;
– During the land use period.
Grounds for land users to carry out procedures for changing land use purpose from rice land to aquaculture land
According to the provisions of the Land Law, the conditions for carrying out the procedures for changing the land use purpose from rice cultivation land to aquaculture land are as follows:
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 lease, and land use purpose change.
Thus, in the case of change of land use purpose, permission must be obtained from a competent State agency, an application must be made and the State agency shall, based on the district’s annual land use plan, decide whether to permit the change of land use purpose. permission to change land use purpose or not.
Why is it necessary to carry out the procedure to change the purpose of land use from rice land to aquaculture land?
According to the provisions of the Land Law, the principles when using land for land users
Proper planning, land use plan and right purpose of land use.
Economical, effective, environmental protection and does not harm the legitimate interests of the surrounding land users.
When carrying out procedures to change the purpose of land use from rice cultivation to aquaculture land, do I have to ask for permission?
According to the provisions of the Land Law, the following cases when changing the purpose of land use, it is necessary to apply for permission such as:
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.
Comparing the above cases, when carrying out the procedures for changing the land use purpose from rice cultivation to aquaculture land, the approval of a competent state agency must be obtained to permit the change of land use purpose. .
In case of carrying out procedures to change the purpose of land use from rice cultivation to aquaculture land without obtaining permission
According to the provisions of Decree 91/2019/ND-CP, the case of carrying out the procedures for changing the purpose of land use from rice cultivation to aquaculture land without obtaining permission will be administratively sanctioned with a fine ranging from VND 3,000,000 to VND 70,000,000 based on the area of land use purpose change.
In addition to the above sanction, additional sanctioning forms are also applied such as: Restoring the original state of the land.
Please allow me to change the land use purpose from rice cultivation to aquaculture land
Components of the application for permission to carry out the procedure for changing the purpose of land use from rice cultivation to aquaculture land
The land user prepares and submits 01 set of documents for carrying out the procedures for changing the land use purpose from rice cultivation land to aquaculture land.
Application for change of land use purpose
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.
Personal documents such as: People’s identity card or citizen’s identity card
Competence to permit the implementation of procedures for changing land use purpose from rice land to aquaculture land
The land user shall submit a dossier to carry out the procedures for changing the land use purpose from rice cultivation to aquaculture land to the land registration agency.
The district-level People’s Committee shall decide to permit the change of land use purpose for land users who are households and individuals.
In case households and individuals change the purpose of agricultural land use for commercial or service purposes with an area of 0.5 hectares or more, a written approval from the People’s Committee of the province is required. before making decision.
Note: Provincial and district People’s Committees are not authorized to decide on permission to change land use purposes.
The implementation time allows to change the land use purpose from rice cultivation land to aquaculture land
No more than 15 days (excluding the time to fulfill the financial obligations of the land user)
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.
Dossier to convert rice land to aquaculture land in Vietnam
To carry out the procedures for changing the land use purpose from rice cultivation to aquaculture land, land users shall do the following:
Step 1: Prepare and submit the application for change of land use purpose
Localities that have established one-stop shops shall submit their documents to the district-level one-stop shop.
Localities that have not yet established a one-stop shop should submit directly to the Department of Natural Resources and Environment
Receipt of application: If the application is incomplete or invalid, within 03 working days, the receiving and processing agency must notify and guide the applicant to supplement and complete the application. edit the profile according to regulations.
Step 2: Pay the land use levy according to the Tax Authority’s Notice of Land Use Fee Payment
Land users pay land use levy according to the notice of payment of land use levy issued by the tax agency and according to the guidance of the natural resources and environment agency where the application for change of land use purpose is submitted.
Step 3: Receive results: The land user receives the decision on permission to change the land use purpose at the natural resources and environment agency where the application for land use purpose change has been submitted.
Carry out procedures to change land use purpose from rice cultivation to aquaculture land
After being permitted by the state agency to change the land use purpose, the land user shall change the land use purpose from rice cultivation to aquaculture land.
Components of the application file for conversion of land use purpose from rice cultivation to aquaculture land
• Land change registration declaration
Decision on permitting change of land use purpose
Certificate of land use rights, ownership of houses and other land-attached assets
Documents on the identity of the land user
Quantity: 01 set of documents
• Authority and time to carry out procedures for changing land use purpose from rice cultivation to aquaculture land
• Authority and time to carry out procedures for changing land use purpose from rice cultivation to aquaculture land
Authority to issue land use right certificates
Branches of land registration offices for districts that have established branches of land registration offices
The Division of Natural Resources and Environment of the People’s Committee of the district for districts that have not yet established a branch of the land registration office.
• Time for granting land use right certificates
10 – 15 working days from the date of receipt of a valid dossier (this time does not include the time for receiving the dossier in the commune, the time for fulfilling the financial obligations of the land user; the consideration time is not included. handling in case of land use in violation of the law, time to solicit assessment)
For communes in mountainous, island, deep-lying, remote areas, areas with difficult socio-economic conditions, and areas with extremely difficult socio-economic conditions, the implementation time is increased by 10 day.
Results of settlement of administrative procedures must be returned to land users and owners of land-attached assets within 03 working days from the date of receipt of settlement results.
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Please see more
- Vietnamese law on mortgage of land use rights
- The issuance of a land use right certificate in Vietnam is refused
- Agricultural land use regime according to Vietnam land law
Frequently asked questions
According to the provisions of the Land Law 2013, Decree 35/2015/ND-CP, it is possible to convert rice land into aquaculture land. However, the conversion and conversion procedures need to comply with the regulations on: conditions for converting from rice land to aquaculture land and procedures for converting purpose from rice land to aquaculture land.
When you carry out the procedures for changing the land use purpose from rice cultivation to aquaculture land, you will be exempted from registration fee and land use levy when changing the land use purpose but only have to pay the registration fee. and application fee (if any)
According to the provisions of Clause 4, Article 9 of Decree 140/2016/ND-CP dated October 10, 2016 of the Government on registration fees.
According to the provisions of Clause 2, Article 191 of the 2013 Land Law, “Economic organizations may not receive the transfer of the right to use rice-growing land, protection forest land, and special-use forest land from households or individuals, unless otherwise permitted by law. change the land use purpose according to the master plan, land use plan approved by the competent state agency.
Thus, based on the above regulations, the company is not allowed to transfer rice land.
Conclusion: So the above is Dossier to convert rice land to aquaculture land in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
