I am intending to build a farm on the production forest land of my house. My lawyer asked me if it is possible to build a farm on production forest land? If yes, how do I go about it? Looking forward to the lawyer’s answer, I sincerely thank you!
Thank you for sending your question to Lawyer X. In the article below, we will answer your questions. Hope this article brings a lot of useful things to you.
Legal grounds
- Land Law 2013
- Decree 43/2014/ND-CP
Classification of farmland and production forest land
Farmland can be understood as land that people cultivate with main activities such as raising cattle, producing food, aquaculture, etc.
According to the provisions of Article 10 of the 2013 Land Law, land use purposes are classified as follows:
The agricultural land group includes the following types of land:
- Production forest land;
- Other agricultural land, including land used for construction of greenhouses and other types of houses for cultivation purposes, including forms of cultivation not directly on the land; building barns for raising cattle, poultry and other animals permitted by law; land for cultivation, animal husbandry and aquaculture for the purpose of study, research and experiment; nursery land for seedlings, seedlings and land for planting flowers and ornamental plants;
Thus, from the above regulations, it can be seen that production forest land and farm construction land are two types of land that are classified into the same group of agricultural land.
Is it possible to farm on production forest land?
Pursuant to the provisions of Clause 1, Article 57 of the 2013 Land Law The following cases when people want to change the land use purpose must be approved by a competent state agency:
- In case of conversion from land for rice cultivation to land for planting perennial crops, land for afforestation, land for aquaculture, land for salt production;
- In case of conversion of special-use forest land, protection forest land or production forest land to use for other purposes in the agricultural land group;
- In case of conversion of agricultural land to non-agricultural land;
- In case of transferring non-agricultural land allocated by the State without land use levy to non-agricultural land allocated by the State with collection of land use levy or leased land;
Thus, it can be seen that the conversion of production forest land to use for other purposes in the group of agricultural land, namely the purpose of using land for farming, needs to be approved by the competent state agency. , namely the Land Registration Office under the District People’s Committee.
Procedures for converting production forest land to farmland
Step 1: Prepare documents
According to the provisions of Decree 43/2014/ND-CP, Circular 30/2014/TT-BTNMT, you will need to prepare 01 set of documents including the following documents:
Application for change of land use purpose;
Certificates of land use rights, ownership of houses and other land-attached assets;
Types of personal papers of the owner: Identity card, household registration book, marriage registration certificate.
Step 2: Submit your application
Pursuant to the provisions of Clause 1, Article 60 of Decree No. 43/2014/ND-CP, accordingly, households and individuals wishing to change land use purposes shall submit dossiers at the Department of Natural Resources and Environment.
Step 3: Receive and process documents
In case of receiving incomplete or invalid dossiers, within 03 working days, the dossier-receiving and processing agencies must notify and guide the dossier-submitters to supplement and complete the dossiers.
In case the dossier is complete and accurate, the competent authority shall carry out the following tasks:
Extracting cadastral measurements of land plots in case there is a change in the area of land parcels and assets attached to the land or in cases where the certificate has been issued but no cadastral map or cadastral measurements have been taken;
Send cadastral information to tax authorities to determine and notify the collection of financial obligations in case of having to pay land use levy or land rent as prescribed by law;
Certifying changes to the issued certificate or making a dossier to submit to the competent authority for granting the certificate of land use rights, ownership of houses and other land-attached assets in case the certificate must be re-issued. certified according to regulations of the Ministry of Natural Resources and Environment; notify the land user to sign or re-sign the land lease contract with the natural resources and environment agency in case the land must be leased;
Edit and update changes in cadastral records and land databases; 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;
The person making the application will be obliged to pay all kinds of fees according to the notice and instructions of the competent authority.
Step 4: Return the result
Households and individuals receive the district-level People’s Committee’s decision permitting the change of land use purpose after receiving the settlement result.
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Time to carry out procedures to convert production forest land to farmland
Pursuant to Clause 40, Article 2 of Decree No. 01/2017/ND-CP, accordingly, the time limit for carrying out the procedures for changing the use purpose of production forest land to farmland shall not exceed 15 days from the date of receipt of the application. valid; no more than 25 days for mountainous communes, islands, deep-lying and remote areas, and areas with difficult socio-economic conditions.
Note: The above time does not include the time to fulfill the financial obligations of the land user, holidays, holidays and Tet.
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Frequently asked questions
According to the provisions of Clause 1, Article 10 of Decree 91/2019/ND-CP:
If special-use forest land is planted forest, protective forest land is planted forest, or production forest land is planted forest for another purpose in the group of agricultural land, the form and level of sanction shall be as follows:
– A fine ranging from VND 3,000,000 to VND 5,000,000 if the illegal land area is less than 0.5 hectares;
– A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed if the land area illegally converted to other purposes is from 0.5 ha to less than 1 hectare;
– A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed if the land area is illegally converted from 1 hectare to less than 5 ha;
– A fine ranging from VND 20,000,000 to VND 50,000,000 if the illegal land area is 5 hectares or more.
Firstly, about the registration fee:
According to the Government’s Decree 45/2011/ND-CP dated June 17, 2011 on registration fees; Circular No. 124/2011/TT-BTC dated August 31, 2011 of the Ministry of Finance guiding Decree 45/2011/ND-CP, when you convert production forest land to farmland, you must pay registration fee is equal to 0.5% of the registration fee calculation price (the price for calculating the registration fee is the price issued by the People’s Committee of the province or city).
Secondly, about the fee for granting land use right certificates: Currently, each locality has its own regulations on this fee.
In addition, other fees (if any) may be required, such as appraisal fee, measurement fee, etc.
Conclusion: So the above is Can I build a farm on production forest 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
