Procedures for converting to residential land in Vietnam

Land is always a matter of concern for everyone. The use of land is based on the principle of “Right planning, land use plan and right land use purpose”. So; all types of land that are not residential; housing is not allowed; If you want to build a house, you must first apply for a change of land use purpose. So what is residential land? What is the procedure for converting to residential land? LSX Lawfirm will give you an article about: “Procedures for converting to residential land in Vietnam”, as follows:

Legal grounds

Land Law 2013 (amended and supplemented in 2018)
Decree 43/2014/ND-CP

What is residential land?

The law does not define exactly what is residential land; but only classifies soil groups and gives definitions for each soil group.

So, according to article 10 of the 2013 Land Law; based on the purpose of use; land is classified into: agricultural land group; group of non-agricultural land; and unused land group (not to mention the concept of residential land). In there; group of non-agricultural land includes: Residential land; land for construction of the agency’s headquarters; land used for defense and security purposes; and then land for construction of non-business works, including land for construction of headquarters of non-business organizations; etc.

So, residential land is the common way people use to refer to residential land; including residential land in rural areas (symbolized as ONT); residential land in urban areas (symbolized as ODT). In other words; Residential land is not the type of land prescribed by the land law, which is what people call it.

Procedures for converting to residential land in Vietnam

Not residential land is permanently used land as many people mistakenly believe. However; because the useful life of residential land is long; so many people want to make the conversion to this land. So what is the procedure? Please continue reading!

Grounds for conversion to residential land in Vietnam

Article 52 of the 2013 Land Law stipulates that the grounds for permitting the change of land use purpose are as follows:

“1. The annual land use plan of the district approved by the competent state agency.2. Demand for land use expressed in investment projects; application for land allocation, land lease, change of land use purpose.”

So; District People’s Committees decide for households; individuals change the land use purpose after receiving the application and the land plot transferred belongs to the area allowed to be transferred (this area specified in the annual land use plan).

So, Pursuant to Points d and e, Clause 1, Article 57 of the 2013 Land Law; All types of land that want converted to residential land (residential land) must obtain permission from a competent state agency.

In other words; District People’s Committees only allow households; Individuals change from agricultural land, non-agricultural land other than residential land to residential land when the following 02 conditions satisfied:

So, the district’s annual land use plan allows the conversion to residential land (if not, it must wait).
There is an application for change of land use purpose.

Application for conversion to residential land in Vietnam

So, to apply for a change of land use purpose to residential land, you need to prepare 1 set of documents. Consists of:

• Application for change of land use purpose;
• Then Application for registration of change of land and properties attached to land;
• Finally, Certificates of land use rights; or Certificate of land use rights, ownership of houses and other land-attached assets; or Certificate of house ownership and land use right.

Order and procedures for conversion to residential land in Vietnam

Step 1: Submit your application

So, after you have prepared all the required documents. You proceed to submit the application at the Land Registration Office – Department of Natural Resources and Environment at the district, district and city levels under the province.

Related article: Procedures for foreigners to buy apartments in Vietnam

Foreigners buy apartments of Vietnamese individuals

What should foreigners pay attention to when buying a house in Vietnam?

Houses for foreigners in Vietnam

You can refer to the article related to Types of land use for commercial housing in Vietnam

Step 2: Receive and process the application

So, the natural resources and environment agency is responsible for verifying the dossier; verify the field, assess 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.

If so the application is incomplete or invalid, within 3 working days. The Department of Natural Resources and Environment will notify and guide the land user to supplement and complete the dossier according to regulations.

Step 3: Return the result

So, land users fulfill financial obligations as prescribed. Receive a decision on permission to change land use purpose at the Department of Natural Resources and Environment where the application for change of land use purpose submitted.

The time limit for settling permission to change the land use purpose is not more than 15 days. Excluding the time to fulfill the financial obligations of the land user. For communes in mountainous, island, deep-lying and remote areas and areas with difficult socio-economic conditions, it shall not exceed 25 days.

Related questions

Contact LSX Lawfirm

Finally, hope this article is useful for you to answer the question about: “Procedures for converting to residential land in Vietnam”. If you need any further information, please contact  LSX Law firm : +84846175333 or Email: [email protected]

Conclusion: So the above is Procedures for converting 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