Currently, the law does not have a specific definition of farmland, but it can be understood that farmland is a type of land belonging to the group of agricultural land used for production of agriculture, forestry, fishery, salt production, etc. Let’s learn about the issue of “How to convert farmland in Vietnam to residential land” through the following article by Lawyer X.
Form of use of farmland
According to the provisions of Article 142 of the 2013 Land Law, the State encourages households and individuals to develop the farm economic model in order to effectively exploit the land to develop production, expand the scale and improve the agricultural production. land use efficiency in agricultural, forestry, fishery and salt production in association with service development, processing and consumption of agricultural products.
Land used for farm economy includes the following types of land:
- Land allocated by the State without collection of land use levy within the land allocation limit to households and individuals directly engaged in agricultural production, forestry, aquaculture or salt production as prescribed in Article 129 of the Land Law;
- Land leased by the State;
- Land leased, transferred, inherited, or donated;
- Land contracted by the organization;
- Land contributed by households and individuals.
Convert farmland to residential land
According to 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;
dd) Converting 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;
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.
When carrying out the change of land use purpose, land users 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, when you want to convert farmland to residential land (residential land), you must obtain permission from a state agency and fulfill financial obligations in accordance with current law.
Authority to permit the conversion of livestock land to residential land for housing construction
Article 59 of the 2013 Land Law stipulates the authority to allocate, lease, and permit the change of land use purpose as follows:
Provincial-level People’s Committees shall decide on land allocation, land lease, or permission to change land use purposes in the following cases:
a) Allocating land, leasing land, permitting change of land use purpose for organizations;
b) Allocating land to religious establishments;
c) Allocating land to overseas Vietnamese or foreign-invested enterprises as prescribed in Clause 3, Article 55 of this Law;
d) Leasing land to overseas Vietnamese or foreign-invested enterprises as prescribed at Points dd and e, Clause 1, Article 56 of this Law;
dd) Leasing land to foreign organizations with diplomatic functions.
The district-level People’s Committees shall decide on land allocation, land lease, and permission to change the land use purpose in the following cases:
a) Allocate land, lease land, permit change of land use purpose to households and individuals. In case of leasing land to households or individuals, permitting the change of agricultural land use purpose to use for commercial or service purposes with an area of 0.5 hectares or more, a written consent must be obtained. approval of the People’s Committee of the province before making the decision;
b) Allocating land to residential communities.
Commune-level People’s Committees lease land belonging to the agricultural land fund for public purposes of communes, wards and townships.
Agencies competent to decide on land allocation, land lease, and permission to change the purpose of land use are not authorized.
Accordingly, the district-level People’s Committee decided to allow the conversion of livestock land to residential land for housing construction.
Documents to convert from farmland to residential land to build a house
In Article 6 of Circular 30/2014/TT-BTNMT, the application for change of land use purpose is as follows:
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; consists of:
a) An application for change of land use purpose, made according to Form No. 01 attached to this Circular;
b) Certificate of land use right or Certificate of ownership of houses and residential land use rights or Certificate of land use rights and ownership of houses and other land-attached assets.
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 documents specified above;
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.
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
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Frequently asked questions
Households and individuals using land for farm economy may change the purpose of using different types of land according to the provisions of law.
Households and individuals that are using land for farming in accordance with master plans and plans on land use approved by competent state agencies, without disputes, may continue to use land according to regulations. The following:
In case the land is allocated without collection of land use levy within the limit to households or individuals directly engaged in agricultural, forestry, aquaculture or salt production as prescribed in Clause 1, Article 54 of the Land Law, may continue to use it according to the provisions of Clause 1, Article 126 of the Land Law;
In case the land is allocated without collection of land use levy to households or individuals that do not directly engage in agricultural, forestry, aquaculture or salt production, upon the expiration of the allocated time limit, they must switch to renting land;
In case of using land that is leased, transferred, inherited, donated or contracted by an organization by the State; contributed as capital by households or individuals may continue to use them according to the provisions of the Land Law.
It is strictly forbidden to take advantage of the farm economy to occupy and accumulate land for non-production purposes.
According to Clause 2, Article 3 of Circular 33/2017/TT-BTNMT, the identification of individuals directly engaged in agricultural production is based on the following grounds:
Currently using agricultural land allocated, leased or recognized by the State; due to receipt of conversion, transfer, inheritance, donation, receipt of capital contribution with land use rights; are using agricultural land that has not been recognized by the State;
Not subject to regular salary; the subjects who have retired, lost their working capacity or quit their jobs are entitled to social allowances;
– Having a regular income from agricultural production on the currently used land area specified at Point a, Clause 2, Article 3 of Circular 33/2017/TT-BTNMT, even if there is no regular income due to due to natural disasters, environmental disasters, fires, epidemics;
– In case of allocating agricultural land to an individual according to the provisions of Article 54 of the Land Law, registering to receive the transfer or donation of the individual’s rice land use right, only the provisions of Point b, Clause 2 of this Article shall apply. 3 Circular 33/2017/TT-BTNMT.
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