Any type of land has a specific use. In many cases; The fact that such land is only used for that purpose according to administrative decisions (land allocation; land lease; recognition of land use rights, etc.) of the state agency causes many difficulties for land users. However; With the advancement of land law, land users can change the land use purpose. LSX Lawfirm will give you an article about: “Change of land use purpose in Vietnam”, as follows:
Legal grounds
Land Law 2013
Decree 43/2014/ND-CP
Circular 30/2014/TT-BTNMT
Decision 2555/QD-BTNMT
What is land use change?
Change of land use purpose is a change in land use purpose from the original land type by administrative decision in case permission is required or only land registration is required in case permission is not required from the housing authority. competent country.
Change of land use purpose in Vietnam
Procedures for changing the land use purpose of households and individuals
Step 1. Prepare documents
So Family; individuals include preparing 01 set of documents; includes the following documents:
So Application for change of use purpose, made according to Form No. 01.
Certificate of land use right (Red Book, Pink Book).
Step 2. Submit application
So, where to submit documents: Localities that have established one-stop shops shall submit them to the district-level one-stop shop. If the locality has not yet established a one-stop shop, the application shall be submitted directly to the Department of Natural Resources and Environment.
Then receipt of application: If the application is incomplete; not valid, within 03 working days; the application-receiving and processing agency must notify and guide the applicant to supplement the application; complete the application as prescribed.
Step 3. Processing and resolving requests
So Department of Natural Resources and Environment is responsible for:
So Verification of records; field verification, assessment of the need for re-purpose;
To guide land users to fulfill their financial obligations as prescribed by law;
So Submit to the district-level People’s Committee for decision allowing the change of use purpose;
Directing the updating and editing of land databases and cadastral records.
So Land users fulfill financial obligations.
Step 4. Return the result
So, the Department of Natural Resources and Environment gives decisions to households; individual after the individual fulfills a financial obligation.
Implementation time: No more than 15 days from the date of receipt of a valid application (excluding the time to fulfill financial obligations of the land user); no more than 25 days for communes in mountainous, island, deep-lying and remote areas; areas with difficult socio-economic conditions.
Procedures for changing land use purpose with organizations
Step 1. Prepare documents
So, application for change of land use purpose.
Certificate (Red Book, Pink Book).
So, document on appraisal of conditions for permitting change of use purpose; for so the case of change of use purpose to implement an investment project to build houses for sale or for lease or for sale in combination with lease; real estate investment projects associated with land use rights,etc.
Step 2. Submit application
So, place of application: the one-stop department, or submit it at the public administration center for some provinces and cities, or directly at the Department of Natural Resources and Environment.
Receipt of application: If the application is incomplete; not valid, additional instructions will be given; complete the application as prescribed.
Step 3. Processing and resolving requests
Department of Natural Resources and Environment is responsible for:
So, Verification of records; field verification, assessment of the need for re-purpose.
Then to guide land users to fulfill their financial obligations as prescribed by law.
So Submit to the Provincial People’s Committee for decision to allow the change of purpose.
Directing the updating and editing of land databases and cadastral records.
Land users fulfill financial obligations as prescribed.
Step 4. Return the result
Implementation time: No more than 15 days from the date of receiving complete and valid dossiers; then time excluding weekends and holidays as prescribed by law; does not include time for receiving dossiers at commune, time for so fulfilling financial obligations of 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.
So, for mountainous communes, islands, remote areas, and areas with difficult socio-economic conditions, the implementation time may be increased by 10 days.
Which agency has the authority to permit the change of land use purpose?
So, article 59 of the 2013 Land Law stipulates the authority to permit the change of land use purpose as follows:
Provincial-level People’s Committees (provinces, centrally-run cities) decide to allow the change of use purposes for organizations.
District-level People’s Committees have the authority to permit the change of use purposes for households and individuals.
In case it is allowed to change the purpose of agricultural land use for commercial purposes; services with an area of 0.5 hectares or more; there must be a written approval from the People’s Committee of the province before making a decision.
You can also refer to the article related to Settlement of deposit contract disputes when buying land in Vietnam or Procedures for leasing land for 50 years in Vietnam; Land use term as prescribed by Vietnamese law; or Documents to apply for land use extension in Vietnam.
Related questions
In case of change of land use purpose, permission must be obtained without obtaining permission from a competent state agency; it depends on the type of land and the area of illegal transfer; that the level of administrative violations is different. Besides being fined; violators are forced to restore the original state.
To convert annual cropland 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 and aquaculture land to planting perennial crops;
Converting land for growing perennial crops to land for aquaculture or annual crops;
Then 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 or non-agricultural production establishment land to land for construction of non-business works.
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