In Vietnam, it is quite common for people to change the purpose of land use from farmland to residential land. However, when converting farmland to residential land, the thing that people are most worried about is the cost of conversion. If the conversion cost is too high, it is difficult for people to convert from farmland to habitable land. So about the matter “Fee for converting farmland to residential land in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
- Circular 02/2015/TT-BTNMT
- Circular 33/2017/TT-BTNMT
What type of land is farmland?
Field land is the word that Vietnamese people use to refer to the type of land that grows rice. According to the provisions of Clause 1, Article 8 of Circular 27/2018/TT-BTNMT, which regulates the group of agricultural land, it is mentioned as follows:
Land for rice cultivation (including land specialized in wet rice cultivation, the remaining land for wet rice cultivation and land for upland rice cultivation).
What is residential land?
According to the provisions in Appendix I issued together with Circular No. 27/2018/TT-BTNMT dated December 14, 2018 of the Minister of Natural Resources and Environment, providing for statistics, land inventory and mapping Current status of land use regulations on residential land are as follows:
Residential land is land for construction of houses, works in service of life and gardens and ponds attached to houses which have been recognized as residential land. In case the land plot with gardens and ponds attached to houses has not been recognized, the residential land area shall be temporarily determined by the new residential land allocation quota as prescribed by the provincial People’s Committee.
Residential land includes residential land in rural areas and residential land in urban areas.
In case residential land is used for non-agricultural production and business purposes (including mixed-purpose apartment buildings), in addition to statistics according to residential land purposes, statistics must also include secondary purposes. non-agricultural production and business land, according to the residential land purpose, it must also include the secondary purpose of non-agricultural production and business land.
• 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 management of the commune.
• Residential land in urban areas is residential land within the administrative boundaries of wards and townships, including residential land in new urban areas already implemented within the scope of development plannings of districts, cities, The township has been approved by a competent state agency, but up to the time of statistics and inventory, it is still managed by the commune.
Is it possible to convert farmland to residential land?
According to the provisions of Article 57 of the Land Law 2013, the change of land use purpose is as follows:
– Cases of change of land use purpose that must be permitted by a competent state agency include:
• Converting land for rice cultivation to land for growing perennial crops, for afforestation, for aquaculture, for salt production;
• Transfer of land for other annual crops to land for saltwater aquaculture, salt production, and aquaculture land in the form of ponds, lakes and lagoons;
• Transfer of special-use forest land, protection forest land and production forest land to use for other purposes in the group of agricultural land;
• Converting agricultural land to non-agricultural land;
• Converting 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 that is not residential to residential land;
• Transfer of land for construction of non-business works, land used for public purposes for business purposes, non-agricultural production and business land 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.
– When changing the land use purpose as prescribed in Clause 1 of this Article, the land user must fulfill financial obligations as prescribed by law; the land use regime, rights and obligations of land users shall be applied according to the type of land after the use purpose is changed.
Thus, you have the right to change the purpose of land use from rice land (agricultural land to residential land (non-agricultural land).
Procedures for converting farmland to new residential land
Firstly, about the documents to prepare:
According to the provisions of Article 6 of Circular 30/2014/TT-BTNMT, the documents that need to be prepared are as follows:
• An application for change of land use purpose, made according to Form No. 01 issued together with Circular 30/2014/TT-BTNMT;
• 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.
• Minutes of field verification;
• Note: submit the application and present additional identity card or citizen identification card if required.
Second, the procedure sequence:
According to the provisions of Article 69 of Decree 43/2014/ND-CP, the order and procedures for changing the land use purpose are as follows:
– The land user submits an application for permission to change the land use purpose together with the Certificate to the natural resources and environment agency. If an incomplete or invalid application is received, within 3 working days, it must notify and guide the applicant to supplement and complete the application.
– 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; submit to the People’s Committee at the competent level for decision permitting the change of land use purpose; directing the updating and correction of land databases and cadastral records. In case the investor receives the transfer of the land use right of the person currently using the land for the implementation of an investment project, the procedures for transferring the land use right shall be carried out concurrently with the procedure for permitting the change of land use purpose. soil.
– Land users fulfill financial obligations as prescribed.
– The Division of Natural Resources and Environment issues a decision permitting the change of land use purpose to households and individuals after the individual fulfills financial obligations.
Fee for converting farmland to residential land in Vietnam
First, the land use fee when changing the land use purpose.
According to the provisions at Point b, Clause 2, Article 5 of Decree 45/2014/ND-CP, regulations on collection of land use levy upon change of land use purpose are as follows:
– If the land is transferred 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. at the time there is a decision to change the purpose of a competent state agency.
Amount of land use fee payable = (price of 1m2 of residential land – price of 1m2 of rice land) x area allowed to change purpose
Second, money to protect and develop rice land:
According to the provisions of Article 5 of Decree 35/2015/ND-CP, it is stipulated as follows:
Persons who are allocated or leased land by the State for non-agricultural purposes from land specialized in wet rice cultivation must comply with the provisions of the law on land and must pay a sum of money for protection and development. rice land.
– Depending on the specific conditions in the locality, the People’s Committee of the province shall decide the specific payment rate, but not less than 50% of the amount determined according to the area of land specialized in wet rice cultivation which must be converted to human non-agricultural land. with the price of the type of rice land calculated according to the Land Price List at the time of change of land use purpose.
Fees for protection and development of rice land = percentage (%) (x) of area (x) price of rice land.
In there:
• The percentage (%) determining the amount of money collected for protection and development of rice land issued by the People’s Committee of the province in accordance with the specific conditions of each locality, but not less than 50% ;
• Area is the area of land specialized in wet rice cultivation to be converted to non-agricultural land specifically stated in the competent agency’s decision permitting the change of land use purpose from specialized wet rice cultivation to non-agricultural land;
• The price of rice land is calculated according to the Land Price List which is being applied at the time of land use purpose change issued by the Provincial People’s Committee.
Third, the fee for the issuance of the Certificate.
According to the provisions of Circular 85/2019/TT-BTC stipulating: This amount is collected according to the resolution of each provincial People’s Council where the rice land is located.
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Frequently asked questions
Households and individuals using agricultural land that are allocated land by the State, converted, transferred, inherited, or given a lawful land use right gift from another person may only convert such land use right. agricultural land in the same commune, ward or township for other households and individuals to facilitate agricultural production and without having to pay income tax from the conversion of land use rights and registration fees.
According to the provisions of Article 61 of Decree 01/2017/ND-CP, it is stipulated as follows:
The time limit for processing the conversion of agricultural land into residential land must not exceed 15 days from the date of receipt of a complete and valid dossier.
For communes in mountainous, island, deep-lying, remote areas, areas with difficult socio-economic conditions, and areas with extremely difficult socio-economic conditions, the implementation time for each type of application shall be limited. The procedures specified in Article 61 are extended by 10 days, except for the land dispute conciliation procedure.
Land use right conversion means a land user who transfers land and land use rights to another person and receives a certain area of land transferred from that person, the parties are both the convertor and the owner of the land. conversion receiver. If the converted land has a difference in price, the party receiving the difference must pay the difference.
Conclusion: So the above is Fee for converting farmland to residential 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
