Hello Lawyer X! My family has an unused field, so I want to change the use purpose to non-agricultural land. I would like to ask how is the cost of changing land use purpose in Vietnam currently regulated? I hope the lawyer will respond soon to answer my questions. Thank you!
Thank you for submitting your question to Lawyer. We will answer your questions in the following article. Please refer.
Legal grounds
- Land Law 2013
- Decree 45/2014/ND-CP
- Circular 30/2014/TT-BTNMT
- Circular 33/2017/TT-BTNMT
What is land use conversion?
Change of land use purpose is a change in land use purpose compared to the original land type by administrative decision in case of change of land use purpose requiring permission or land registration in the case not obtain permission from the competent state agency.
Cases of change of land use purpose require permission
According to Clause 1, Article 57 of the 2013 Land Law, cases of change of land use purpose that must be approved by a competent state agency include:
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.
Cases of change of land use purpose that do not require permission
According to Clause 1, Article 12 of Circular 33/2017/TT-BTNMT, cases of change of land use purpose do not require permission from a competent state agency but must register the change, including:
Converting annual crops 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, aquaculture land to perennial crops;
Converting land for growing perennial crops to land for aquaculture or annual crops;
Converting residential land to non-agricultural land which is not residential land;
Transfer of commercial and service land to non-agricultural production and business land that is not commercial or service land; converting non-agricultural production and business land which is not commercial land, service land or non-agricultural production establishment land to land for construction of non-business works.
Order and procedures for conversion of land use purposes
Application for change of land use purpose
According to Article 6 of Circular 30/2014/TT-BTNMT, the application for change of land use purpose includes:
The land user shall submit 01 set of dossier, for the case of change of land use purpose, with the permission of a competent state agency; Profile include:
An application for change of land use purpose, made according to Form No. 01 issued together with this Circular;
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.
A dossier to be submitted to the People’s Committee of the competent level for decision on permitting the change of land use purpose includes:
The papers specified in Clause 1 of this Article;
Minutes of field verification;
A copy of the explanation of the investment project, for the project that is not required to be submitted to a competent state agency for approval, the project is not required to be granted an investment certificate; a copy of the economic – technical report of the land-using organization, in case an investment project for construction of works is not required; documents on appraisal of land use needs; Appraisal of conditions for permitting change of land use purpose specified in Clause 3, Article 58 of the Land Law and Article 14 of Decree No. 43/2014/ND-CP made when issuing investment certificates or project appraisal investment or project approval, for projects that must be submitted to competent state agencies for approval, and must issue investment certificates;
Documents on appraisal of land use needs, appraisal of conditions for permitting change of land use purpose specified in Clause 3, Article 58 of the Land Law and Article 14 of Decree No. 43/2014/ND-CP for projects not required to submit to competent state agencies for approval, not to issue investment certificates and in case of not having to formulate investment projects for construction of works.
In case households and individuals apply for change of agricultural land use purpose for commercial or service purposes with an area of 0.5 hectares or more, the written approval of the Committee must be added. provincial people according to the provisions of Point a, Clause 2, Article 59 of the Land Law;
Extract the cadastral map of the land plot or extract the cadastral measurement of the land plot;
The report enclosed with the draft decision on permission to change the land use purpose is made according to Form No. 05 issued together with this Circular.
The order of execution
Step 1: The land user submits an application for permission to change the land use purpose together with the Certificate to the Department of Natural Resources and Environment. In case of receiving incomplete or invalid dossiers, within 03 working days, the dossier-receiving and handling agencies must notify and guide the dossier-submitters to supplement and complete the dossiers according to the provisions of law. regulations.
Step 2: The Natural Resources and Environment Agency is responsible for verifying the dossier; field verification, assessment of the need to change the land use purpose; guide land users to fulfill their financial obligations as prescribed by law and submit them to the competent People’s Committee for decision on permission to change the land use purpose; directing the updating and correction of land databases and cadastral records.
Step 3: The Department of Natural Resources and Environment issues a decision allowing the change of land use purpose to households and individuals after the individual fulfills financial obligations.
Cost of changing land use purpose
Land use fees
Pursuant to Clause 2, Article 5 of Decree 45/2014/ND-CP, collection of land use levy upon change of use purpose is as follows:
Change from garden or pond land in the same parcel of land with houses in a residential area that is not recognized as residential land as prescribed in Clause 6, Article 103 of the Land Law into residential land; moved from land that originated as garden land, ponds attached to houses but the land users separated to transfer rights or because the measurement unit, when measuring and drawing cadastral maps before July 1, 2004 measured by themselves divided into separate parcels into residential land, the land use levy shall be equal to 50% of the difference between the land use levy calculated at the residential land price and the land use levy calculated at the agricultural land price at the time of the decision to change the purpose of the residential land. competent state agency.
When converting from agricultural land allocated by the State without land use levy to residential land, the land use levy shall be equal to the difference between the land use levy calculated at the residential land price and the land use levy calculated at the agricultural land price in the province. the time of having the decision to change the purpose of the competent state agency.
If the purpose is changed from non-agricultural land which is not residential land to residential land, the land use levy shall be collected as follows:
In case of being using non-agricultural land which has been recognized by the State with land use rights with a stable and long-term use term before July 1, 2004 which is not land allocated or leased by the State, when If the purpose is changed to residential land, the land use fee is not required.
In case of using non-agricultural land in the form of land allocation by the State with the collection of land use levy before July 1, 2014, when the purpose is changed to residential land, the land use levy shall be equal to the difference between the land use fee and the land use fee is calculated at the residential land price with the land use levy calculated at the non-agricultural land price of the remaining land use term at the time of the decision on change of purpose issued by the competent state agency.
In case non-agricultural land other than residential land is leased by the State in the form of one-off payment of land rental for the entire lease period, when the purpose is changed to residential land and concurrently changes from land lease to land allocation, pay the land use levy equal to the difference between the land use levy calculated at the residential land price minus (-) the one-time payment of the land rent calculated at the non-agricultural land price of the remaining land use term at the time of issuance of the decision. the decision to change the purpose of the competent state agency.
In case of using non-agricultural land other than residential land in the form of land leased by the State with annual rental payment, the land use levy shall be equal to 100% of the land use levy calculated according to the residential land price at the time of acquisition. a competent state agency’s decision on change of purpose.
Change of land use purpose derived from the receipt of a lawful transfer of land use rights according to the land law of the land user to residential land shall, based on the origin of the transferred land, collect land use levy according to the land use rate. specified at Point a, Point b, Point c of this Clause
Registration fee
The registration fee calculation rate in this case will be 0.5% and the registration fee calculation price is the price promulgated by the provincial People’s Committee at the time of registration fee declaration and payment.
Application assessment fee
The application fee is decided by the People’s Councils of the provinces and cities, so the fee is not the same. For organizations, the fee for application appraisal when changing land use purposes will be higher than for households and individuals.
Please see more:
- Transfer of investment projects associated with the transfer of land use rights in Vietnam
- Guidance on procedures for transferring land use rights in Vietnam
- Procedure to apply for change of use purpose in Vietnam
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Frequently asked questions
According to the 2013 Land Law, the grounds for permitting the change of land use purpose include:
The annual land use plan of the district has been approved by the competent state agency.
Demand for land use expressed in investment projects, applications for land allocation, land lease, change of land use purpose.
According to regulations, the time limit for settlement is not more than 15 days (excluding the time to fulfill financial obligations of the land user) and not more than 25 days for mountainous, island, remote and mountainous communes. areas with difficult socio-economic conditions.
Conclusion: So the above is Cost of changing land use purpose in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
