Can rural land be converted to residential land according to Vietnamese law?
“Hello Lawyer, in 2018 I bought a piece of rural land about 200 m2 from my brother; next to a small road in the countryside (located in Tan Phu Dong commune, Sa Dec city, province). Dong Thap); bordering with Long Thang commune, Lai Vung district, Dong Thap province. At first, when I bought it, I had no need to use it, so I abandoned it. Now, because there is a need to build houses on the land area. That’s why I want to go to residential land about 60 m2 of agricultural land. Can rural land be converted to residential land according to Vietnamese law? I sincerely thank you.”.
Thank you for sending us your question. The conversion of agricultural land to residential land is no longer a strange issue for many people. Due to various reasons such as selling land at a high price; building houses; giving land to children; … the land user wants to transfer his residential land to residential land. To answer the above question, today, LSX Lawfirm will give you an article about “Can rural land be converted to residential land according to Vietnamese law?“, as follows:
Legal grounds
Land Law 2013;
Decree 43/2014/ND-CP;
Decree 01/2017/ND-CP;
Circular 27/2018/TT-BTNMT
What is residential land?
Accordingly to Sino-Vietnamese transliteration, the word tho means land, and the word residence means to live. Residential means land to live in, land to reside. This is a common way of calling Vietnamese people to refer to residential land. Currently, according to the provisions of the 2013 Land Law, there are no regulations named residential land, only the term agricultural land.
Accordingly to the provisions of Clause 2, Article 10 of the 2013 Land Law, residential land is divided into 2 types:
Firstly, Land in the countryside;
Secondly, Land in urban areas.
Residential land as prescribed in 2.1 in Section II, Appendix I promulgated together with Circular 27/2018/TT-BTNMT is as follows:
– Residential land island for the construction of houses works in service of life, and gardens; Ponds attached to houses have been recognized as residential land. In case the land plot has gardens and ponds attached to houses; which have not yet been recognized for land use rights; the residential land area shall be temporarily determined by the new residential land allocation quota as prescribed by the provincial People’s Committee then.
Residential land includes residential land in rural areas and residential land in urban areas.
– In the case of residential land is combined with production purposes; non-agricultural business (including mixed-purpose apartment buildings); then in addition to statistics according to the purpose of residential land, it must also make statistics for the secondary purpose of production land; non-agricultural business; According to the purpose of residential land, it is necessary to list the secondary purposes of non-agricultural production and business land.
What is rural land?
– Firstly, Residential land used by households or individuals in rural areas, including land for construction of houses; construction of works in service of life; gardens and ponds in the same land plot in rural residential areas; consistent with the land use planning; construction planning of rural residential quarters already approved by competent state agencies.
– Secondly, Rural residential land is specified in 2.1.1 “rural residential land” in Section I, Appendix I promulgated together with Circular 27/2018/TT-BTNMT as follows:
So Rural residential land is residential land within the administrative boundaries of communes, except for residential land in new urban areas which has been implemented according to development plannings of districts, cities, towns, and townships but is still under the control of urban areas. management commune.
Thus, we can define residential land in rural areas as residential land used by households and individuals in rural areas, including land for the construction of houses, construction of works in service of life, gardens, and ponds in the countryside. the same land plot in a rural residential area, in accordance with the master plan on land use and construction planning in rural residential areas already approved by a competent state agency then.
Subjects are allowed to use land in rural areas
The provisions of Article 55; and Article 125 of the Land Law; stipulates that households and individuals will be the subjects to own residential land; also known as residential land in the form of land allocation with a collection of money for the purpose of stable and long-term land use.
Note: Individuals entitled to use residential land include; Vietnamese individuals; and individuals who are Vietnamese residing abroad and owning houses attached to land use rights in Vietnam then.
Limits on land use in agriculture
– Firstly, Based on the local land fund; and rural development planning approved by competent state agencies; Provincial-level People’s Committees shall stipulate quotas of land allocated to each household or individual to build houses in rural areas; Minimum area to divide into residential land in accordance with local conditions and practices then.
– Secondly, The allocation of residential land in rural areas in the planning; the land use plan must synchronize with the planning of public works; non-business works to ensure convenience for production; people’s life, environmental sanitation, and rural modernization then.
– Thirdly, The State adopts policies to create conditions for people living in rural areas to have accommodation on the basis of making use of land in available residential areas; limit the expansion of residential areas on agricultural land.
Term of land use in agriculture
Residential land the type of land allocated by the state with the collection of money. Accordingly to the provisions of Article 125 of the Land Law, land for stable and long-term use has residential land. Specifically:
1. Residential land used by households or individuals;
Therefore, agricultural land will have a permanent land use term without limited in land use time like some other types of land.
Can rural land be converted to residential land?
Because of the mistaken belief that agricultural land belongs to the group of agricultural land; So many people have wonder, “Can rural land be converted to residential land?” to the lawyer.
So Agricultural land itself is already residential land according to the provisions of the Land Law; So when you already own land in the countryside, you don’t need to go to residential land.
With agricultural land, you can rest assured that you can use it to build houses; construction of works in service of life; garden soil; Ponds attached to houses on the same parcel of land in a residential area (including the case of gardens, ponds attached to separate houses) have recognized as residential land then.
Consulting service of LSX Lawfirm
Above is LSX Lawfirm’s advice on the content of the problem “Can rural land be converted to residential land according to Vietnamese law?“. And all the above knowledge to use in work and life. If you have any questions and need more advice and help, please contact the hotline for the reception. Lawyer X is a place that provides reputable and fast business services at reasonable prices. Customers will be extremely satisfied when using our services.
- FB: www.facebook.com/luatsux
- Tiktok: https://www.tiktok.com/@luatsux
- Youtube: https://www.youtube.com/Luatsux
Related article
Can non-agricultural land be built in accordance with Vietnamese law?
Extension of tax payment and agricultural land rental in Vietnam
What is the logbook of the Vietnam Farmers Support Fund?
Dossier to borrow funds from the Farmers Support Fund in Vietnam
How to buy agricultural land in Vietnam without a red book?
Related questions
– Firstly, Converting agricultural land to non-agricultural land;
– Secondly, the Transfer of non-agricultural land allocated by the State without land use the levy to non-agricultural land allocated by the State with land use levy or leased land;
– Thirdly, Converting non-agricultural land which is not residential land to residential land;
The residential land quota used as a basis for tax calculation is the regulation on the residential land quota set by the Provincial People’s Committee and applied in the province to households and individuals when issuing certificates of land use rights, ownership rights, and land use rights. owning a house and used as a basis for applying the appropriate tax rate (0.03% or 0.07% or 0.15%) when determining the payable land use tax for the actual land area used for residential purposes subject to tax then.
Encroached and occupied land is subject to the tax rate of 0.2% then.
Contact LSX Lawfirm
Finally, hope this article is useful for you; answer the question: “Can rural land be converted to residential land according to Vietnamese law?“. If you need more information, please contact LSX Law firm: at +84846175333 or Email: [email protected].
Conclusion: So the above is Can rural land be converted to residential land according to Vietnamese law?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
