Currently, the form of farm economy in our country is increasingly popular. Our State has always advocated encouraging forms of farm economy of households and individuals in order to expand the scale and improve production efficiency in the fields of cultivation, husbandry, aquaculture, and farming. forests, associating production with processing and consumption of agricultural, forestry and fishery products. The land law has specific regulations on land use for this economic model, especially the issue of conversion of land use purpose to farmland. So according to the regulations, is it possible to convert agricultural land to farmland? LSX Lawfirm will give you an article about: “Convert agricultural land to farmland in Vietnam”, as follows:
Legal grounds
– Land Law No. 45/2013/QH13
– Decree No. 43/2014/ND-CP detailing the implementation of a number of articles of the Land Law
– Circular No. 02/2015/TT-BTNMT detailing a number of articles of Decree No. 43/2014/ND-CP and Decree No. 44/2014/ND-CP
– Decree No. 01/2017/ND-CP Amending and supplementing a number of decrees detailing the implementation of the Land Law.
Is it possible to convert agricultural land to farmland?
Article 57 of the Land Law stipulates that the cases of change of land use purpose must be approved by a competent state agency, including:
- Firstly, Converting land for rice cultivation to land for planting perennial crops, land for afforestation, land for aquaculture, land for salt production;
- Secondly, transfer land for planting other annual crops to land for saltwater aquaculture, salt production, aquaculture land in the form of ponds, lakes or lagoons;
- Thirdly, change of special-use forest land, protection forest land, production forest land to use for other purposes in the group of agricultural land;
- Then 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;
- Then 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.
In addition
Clause 1, Article 11 of Circular No. 02/2015 stipulates cases of change of land use purpose that do not require permission from a competent state agency but must register the change, in which there are cases:
– Converting land for growing annual crops to building stables for raising cattle, poultry and other animals as permitted by law;
– Converting residential land to non-agricultural land that is not residential land.
Based on the above regulations, we can see that the cases of changing the land use purpose approved by the state agencies, there are no cases of changing from agricultural land to farmland.
Therefore, it is possible to convert agricultural land to farmland without having to ask permission from the competent state agency, but must register the change.
Procedures for registration of changes in the conversion of agricultural land to farmland in Vietnam
Step 1: Prepare documents
A dossier of land use purpose change includes:
– An application for registration of changes in land and land-attached assets, made according to Form No. 09/DK issued together with Circular No. 24/2014/TT-BTNMT;
- Certificates of land use rights; Certificates of land use rights, ownership of houses and other land-attached assets; Certificate of house ownership and residential land use right.
Step 2: Submit your application
– Land users submit dossiers at the application-receiving places, including:
+) So, the agency that receives the dossier and returns the results is the Land Registration Office. Where a land registration office has not yet been established, the provincial land use right registration office shall receive dossiers for organization; religious establishments, overseas Vietnamese implementing investment projects, foreign organizations, foreign individuals, foreign-invested enterprises;
The district-level land use right registration office receives dossiers for households, individuals; residential communities, and overseas Vietnamese who entitled to own houses associated with residential land use rights in Vietnam. Vietnam.
+) In case households, individuals and communities wish to submit dossiers to the commune-level People’s Committees; the commune-level People’s Committees of the localities; where the land is located shall receive the dossiers and return the results. In case of land change registration; within 03 working days from the day on which the complete dossier received; the commune-level People’s Committee must transfer the dossier to the land registration office.
a) So, if the locality has organized a one-stop shop to receive documents; and then return results of administrative procedures according to the Government’s regulations, the above agencies shall receive the dossiers; and return the results. results through the one-stop section under the decision of the People’s Committee of the province.
– Then the land registration office is responsible for checking the documents; field verification in case of necessity; confirmation on the Application Form;
So Confirm the land use purpose in the Certificate; adjust and update changes in the 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.
Step 3: Get the result
The return of results done as follows:
Results must be returned to land users and owners of property on land within 03 working days; from the date of receipt of settlement results.
- In case financial obligations related to administrative procedures must be fulfilled; the handing over of certificates of land use rights and ownership of houses and other land-attached assets effected after the land user; land-attached property owners submit documents for fulfilling financial obligations as prescribed;
- In case of being exempted from financial obligations related to administrative procedures; the results returned after receiving a document from a competent agency determining that the financial obligation is exempted;
- Finally, in case the dossier is not eligible for settlement, the application-receiving agency shall return the dossier; and clearly notify the reason for ineligibility for settlement.
You can refer to the article related to Regulations on apartment ownership or In case the company’s head office address is located in an apartment building in Vietnam
Related artice: Procedures for foreigners to buy apartments in Vietnam
Foreigners buy apartments of Vietnamese individuals
Related questions
The purpose is to make a place to live for people whose houses and land have been cleared. People choose one of the following two cases:
Receive compensation and move to another place
Moving into a resettlement area (a type of apartment building with basic services)
This is a type of apartment for people with low income. People who have been working for a long time but do not have enough money to buy a house have to rent a house to live in. In general, you will have to show low income to get into this type of housing.
Social housing is only granted a certificate of house ownership, lease and transfer after 5 years of receiving the house.
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