Hello Lawyer. My name is Han. I want to ask about “What is the process of converting rice land in Vietnam?” At my family, there is a need to convert rice land because the land is not cultivated. What types of land can be converted to use land for rice cultivation by the law? Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
What is rice land?
Pursuant to the provisions of Article 10 of the 2013 Land Law, according to which, rice cultivation land is agricultural land. Specifically, this is the type of land that grows annual crops.
According to the provisions of Decree No. 35/2015/ND-CP on management and use of rice land, land specialized in wet rice cultivation is understood as land that can grow two or more wet rice crops in a year. In other rice-growing land including remaining wet-rice land and upland rice-growing land.
According to the law, the remaining wet rice land is understood as the land suitable for growing only one wet rice crop in a year. Thus, the remaining wet-rice land belongs to other rice-growing lands, but the remaining wet-rice land is only suitable for one wet-rice crop a year.
What types of land can be converted to use land for rice cultivation?
According to the current law, the conversion of rice land to other types of land is limited. Therefore, if the land for rice cultivation satisfies the specified conditions, it can only be converted to the following types of land:
• Change from rice land to another group of agricultural land (land for other annual crops, land for perennial crops)
• Change from rice-growing land to non-agricultural land group (mainly residential land).
Responsibilities of rice-growing land users as prescribed by law
Responsibilities of rice land users are specified in Article 6 of Decree No. 35/2015/ND-CP on management and use of rice land, specifically rice land users have the following responsibilities:
See also: What is an unsatisfactory crime? The provisions on crime have not been met in the criminal law?
- Users of rice-growing land must use land for the right purposes according to the master plans and plans on use of rice-growing land already approved by competent agencies.
- Users of rice-growing land must use it effectively, without leaving uncultivated land, without polluting or degrading rice-growing land. If the land user violates rice cultivation, they will be handled in accordance with the law on handling of administrative violations in the field of land.
- Users of rice-growing land must cultivate the right techniques, rotate crops, increase crops to improve production efficiency; improve and increase the fertility of rice land, protect the ecological environment.
Land users for rice cultivation are responsible for exercising their rights and obligations within the land use term in accordance with the land law and other relevant laws.
What is the process of converting rice land in Vietnam?
In case of transferring rice land to other agricultural land
In case of converting a part of rice land area to growing annual crops or growing rice in combination with aquaculture, the conversion must satisfy the following conditions:
• Suitable to be able to grow rice again;
• Do not deform the ground, cause no pollution or degradation of rice land;
• Do not damage traffic works, irrigation works in service of rice cultivation. Those who want to convert must carry out procedures with the commune People’s Committee.
In case of changing rice cultivation land to non-agricultural land group (residential land)
According to the current regulations, the conversion of land use purposes from rice to non-agricultural land is currently limited, depending on the area of rice land in each locality, they will have different policies. different books, conversion or not. So in this case, you can ask specifically on the natural resources and environment department about the decision of the provincial People’s Committee to direct on this issue.
If you get the permission of the People’s Committee of the district, you proceed to make a dossier for conversion.
Authority to convert rice land
Article 59 of the 2013 Land Law stipulates that the authority to grant permits for conversion of land use purposes is as follows:
• Provincial People’s Committee decided to allow the change of land use purpose for the organization.
• District People’s Committees decide to allow the change of land use purposes for households and individuals. In case households and individuals change the purpose of agricultural land use for commercial or service purposes with an area of 0.5 hectares or more, a written approval from the People’s Committee of the province is required. before making decision.
Procedures for changing the purpose of rice land
As discussed earlier in the article, rice land can be converted into many other types of land. For each different type, there will be different procedures.
For changing the purpose of using rice-growing land to residential land, Quang Huy Law has an article, you can refer to it.
In this article, we will guide you on the procedure to change the purpose of using rice land to other agricultural land. Specifically, you need to go through the following steps:
Step 1: Prepare documents:
According to Article 6 of Circular 30/2014/TT-BTNMT, households and individuals need to prepare 1 set of documents, including:
• An application for change of land use purpose, made according to Form No. 01.
• 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.
• When submitting the application, present additional identity card or citizen identification card if required.
Step 2. Submit application
After preparing all the above documents, you submit your application at the Department of Natural Resources and Environment.
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.
Step 3. Receipt and processing of documents
• Department of Natural Resources and Environment is responsible for verifying the dossier; verify the field, assess the need to change the land use purpose.
• The Department of Natural Resources and Environment guides land users to fulfill their financial obligations as prescribed by law.
• The Division of Natural Resources and Environment shall submit to the district-level People’s Committee a decision to permit the change of land use purpose.
• Department of Natural Resources and Environment directs to update and correct the land database and cadastral records.
• Land users fulfill financial obligations.
Step 4. Return results:
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.
Services of LSX
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, LSX’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all brand information of client LSX will be 100% confidential.
Please contact us immediately if you have any questions about “What is the process of converting rice land in Vietnam?”
Contact LSX
Finally, hope this article is useful for you to answer the question about “What is the process of converting rice land in Vietnam?” If you need any further information, please contact LSX Law firm: at +84846175333 or Email: [email protected]
Please see more
- Mortgage of agricultural land in Vietnam for bank loans
- Rights and obligations of households, individuals using land in Vietnam
- Cost of changing land use purpose in Vietnam
Frequently asked questions
The time for changing the purpose of land use for rice cultivation is specified as follows:
No more than 15 days from the date of receiving the valid dossier (excluding the time to fulfill the 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.
Households and individuals that carry out procedures for land use purpose change, depending on each specific case, will have to fulfill financial obligations as prescribed in Clause 2, Article 5 of Decree No. 45/2014/ND- CP, specifically as follows:
First, about land use fees:
The provisions in Article 3 of Decree 45/2014/ND-CP show that in order to change the land use purpose, the land use fee must be paid based on:
The allocated land area, which has been changed the use purpose, has the land use right recognized.
Purpose of using land.
Land price for collection of land use levy
Therefore, the price list for land use conversion will not be fixed, but it will depend on the factors of area, land price regulations, and land use purposes after conversion.
Second, about the registration fee:
The registration fee calculation in this case will be 0.5% of the registration fee calculation price
(In which, the registration fee calculation price is the price issued by the provincial People’s Committee at the time of registration fee declaration and payment).
Pursuant to the regulations on approval of the change of land use purpose for the implementation of the above-mentioned investment project, the investor or project owner wishing to change the land use purpose shall register the need for land use at: The People’s Committee of the district where the project is implemented, and the People’s Committee of the district are responsible for summarizing and submitting to the Department of Natural Resources and Environment for carrying out the procedures for changing the land use purpose. In case the project is implemented in the area of 2 or more districts, the investor or investor shall register directly with the Department of Natural Resources and Environment where the project is implemented.
In case the dossier is invalid, within 3 days after receiving the dossier, the Department of Natural Resources and Environment shall reply in writing to the organization or individual requesting the change of land use purpose.
Within 15 days from the date of receipt of a complete and valid dossier to carry out procedures for land use purpose change, the Department of Natural Resources and Environment shall coordinate with organizations wishing to use land, the People’s Committees of The district and commune level where the land is located collects opinions according to regulations.
A dossier to be submitted to the People’s Committee of the province includes: A report to the People’s Council on the change of land use purpose; the list of projects wishing to change the land use purpose; extract the map of the area where the land use purpose is changed, certified by the Department of Natural Resources and Environment.
Within 10 days from the date of receipt of a valid dossier, the People’s Committee of the province shall organize the appraisal of the change of land use purpose. In case the dossier is invalid, within 2 days from the date of receipt of the dossier, the provincial-level People’s Committee is responsible for notifying the Department of Natural Resources and Environment.
Within 10 days from the date of receipt of the appraisal opinion, the Department of Natural Resources and Environment is responsible for explaining, absorbing and completing the dossier and submitting it to the People’s Council of the province for consideration and approval.
Conclusion: So the above is What is the process of converting rice 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
