Is 50-year land allowed to be converted to residential land for construction of houses? What does an application include?
What is 50-year land according to current regulations?
50-year land is land with a usage term of 50 years or a maximum of no more than 50 years.
Based on Article 126 of the Land Law 2013, the regulations are as follows:
Land used for limited term
1. The term for land allocation, recognition of agricultural land use rights for households and individuals directly engaged in agricultural production according to the provisions of Clauses 1, 2, Point b of Clause 3, Clauses 4, and 5 of Article 129 of this Law is 50 years. When the term expires, households and individuals directly engaged in agricultural production, if in need, are entitled to continue using the land according to the term specified in this clause.
2. The term for leasing agricultural land to households and individuals is not more than 50 years. When the lease term expires, households and individuals, if in need, are considered by the State for continued land lease.
3. The term for land allocation, leasing land to organizations for the purpose of agricultural production, forestry, aquaculture, salt production; organizations, households, individuals for commercial, service purposes, as non-agricultural production bases; organizations to implement investment projects; overseas Vietnamese, foreign-invested enterprises to implement investment projects in Vietnam is considered and decided based on the investment projects or land allocation/lease applications, but not more than 50 years.
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50-year land includes:
- Households and individuals directly engaged in agricultural production who are allocated land, recognized for agricultural land use rights, including:
+ Annual crop land, aquaculture land, salt production land
+ Perennial crop land
+ Production forest land
+ Allocation of multiple types of land including annual crop land, aquaculture land, salt production land
+ Bare land, bald hills, and land with water surfaces in the group of unused land
- Households and individuals leasing agricultural land
- Organizations allocated or leasing land for agricultural production, forestry, aquaculture, salt production
- Organizations, households, individuals allocated or leasing land for commercial, service purposes, as non-agricultural production bases
- Organizations allocated or leasing land for implementing investment projects
- Overseas Vietnamese, foreign-invested enterprises allocated or leasing land to implement investment projects in Vietnam.
Is 50-year land allowed to be converted to residential land for construction of houses? What does an application include? (Image from the internet)
Can 50-year land be converted to residential land for construction of houses in Vietnam?
Based on Article 6 of the Land Law 2013, the regulations are as follows:
Principles for land use
1. Land use must conform to planning, land use plans, and land use purposes.
2. Land use must be economical, efficient, protect the environment, and not harm the legitimate interests of surrounding land users.
3. Land users shall exercise their rights and obligations within the land use period according to this Law and other relevant legal provisions.
Only residential land is allowed for construction of houses. Therefore, if one wishes to build houses on 50-year land, the land must be converted to residential land.
Simultaneously, based on Article 57 of the Land Law 2013, the regulations are as follows:
Land use purpose conversion
1. Cases requiring permission from competent state agencies for land use purpose conversion include:
a) Conversion from rice cultivation land to perennial crop land, forest land, aquaculture land, salt production land;
b) Conversion from other annual crop land to saltwater aquaculture land, salt production land, aquaculture land in the form of ponds, lakes, and lagoons;
c) Conversion from special-use forest land, protection forest land, production forest land to other land uses within agricultural land group;
d) Conversion from agricultural land to non-agricultural land;
dd) Conversion from 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;
e) Conversion from non-residential land to residential land;
g) Conversion from land for constructing non-business projects, land used for public purposes with business purposes, non-agricultural production and business land not being commercial land to commercial land; conversion from commercial land, land for constructing non-business projects to non-agricultural production establishment land.
2. When converting land use purposes according to Clause 1 of this Article, land users must comply with financial obligations according to legal regulations; land-use policies, rights, and obligations of land users are applied according to the type of land after conversion of land use purposes.
Thus, when converting 50-year land to residential land, approval is required from the competent state agency. Upon approval for conversion from 50-year land to residential land, individuals or households can build houses on this land.
What documents are needed to convert 50-year land to residential land in Vietnam?
According to Clause 1, Article 6 of Circular 30/2014/TT-BTNMT, the regulations are as follows:
Application for land use purpose conversion
1. Land users shall submit 01 set of application documents for conversion of land use purposes requiring permission from competent state agencies; the application includes:
a) Application for land use purpose conversion according to Form No. 01 issued with this Circular;
b) Land use right certificate or House ownership and residential land use right certificate or Land use right, house ownership, and other property associated with the land certificate.
Thus, the application for land use purpose conversion is one set of documents, including:
- Application for land use purpose conversion according to Form No. 01 issued with Circular 30/2014/TT-BTNMT- Land use right certificate or House ownership and residential land use right certificate or Land use right, house ownership, and other property associated with the land certificate.
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