What is agricultural land in Vietnam? Is it eligible to change the land use purpose of agricultural land in the land use planning?
What is agricultural land in Vietnam?
Pursuant to Article 10 of the 2013 Land Law of Vietnam stipulating as follows:
Land classification
Depending on land use purpose, land is classified into the following types:
1. Agricultural land, including:
a/ Land for cultivation of annual crops, including paddy land and land for cultivation of other annual crops;
b/ Land for cultivation of perennial trees;
c/ Land for production forests;
d/ Land for protection forests;
e/ Land for special-use forests;
f/ Land for aquaculture;
g/ Land for salt production;
h/ Other agricultural land, including land used to build greenhouses and other building types for cultivation purpose, including fanning not directly on the land, or to build breeding facilities for cattle, poultry and other animals as permitted by law; land for cultivation, breeding and aquaculture for the purpose of learning, research or experimentation; land for planting and nursing seedlings and breeders, and land for growing flowers and ornamental plants.
2. Non-agricultural land, including:
a/ Residential land, including rural residential land and urban residential land;
b/ Land for construction of offices;
c/ Land for national defense or security purpose;
d/ Land for construction of non-business facilities, including land for construction of offices of non-business organizations; land for construction of cultural, social, health, education and training, physical training and sports, science and technology, and diplomatic facilities and other non-business facilities;
e/ Land for non-agricultural production and business, including land for industrial parks, industrial clusters, export processing zones; land for trading and service; land of non-agricultural production establishments; land used for mining activities; and land for production of building materials, and pottery;
f/ Land used for public purposes, including land used for transport (including airports, airfields, inland waterway ports, maritime ports, rail system, road system and other transport facilities); irrigation; land with historical-cultural relics or scenic spots; land for community activities or public entertainment and recreation; land for energy facilities; land for post and telecommunications facilities; land for markets; land for waste dumping and treatment, and land for other public facilities;
g/ Land used by religious institutions;
h/ Land used for cemeteries, graveyards, funeral service centers and cremation centers; i/ Land with rivers, streams, canals, springs and special-use water surface;
k/ Other non-agricultural land, including land for motels, tents and camps for workers in production establishments; land for warehouses and houses to store agricultural products, plant protection drugs, fertilizers, machinery and tools for agricultural use, and land for other buildings of land users which are used for non-commercial purposes and not attached to residential land.
3. Unused land, including land of types for which land use purposes have not been determined yet.
Thus, agricultural land includes:
- Land for cultivation of annual crops, including paddy land and land for cultivation of other annual crops;
- Land for cultivation of perennial trees;
- Land for production forests;
- Land for protection forests;
- Land for special-use forests;
- Land for aquaculture;
- Land for salt production;
- Other agricultural land
What is agricultural land in Vietnam? Is it eligible to change the land use purpose of agricultural land in the land use planning?
Is it eligible to change the land use purpose of agricultural land in the land use planning?
Pursuant to Article 49 of the 2013 Land Law of Vietnam as amended by Clause 1, Article 6 of the 2018 Law on amendments to some articles concerning planning of 37 Laws of Vietnam, stipulating the implementation of land use planning and land use plans as follows:
In the cases where the district land use plan is available, the land user in the area where land has to be repurposed and expropriated according to the planning is entitled to keep exercising the rights of a land user but is not allowed to build new residential houses or works or grow perennials. Any land user that wishes to renovate or repair existing residential houses or works must obtain permission from a competent authority as prescribed by law.
According to the above regulations, if land is included in the annual land use planning and land use plans, the land user is still entitled to exercise the rights of the land user: transfer, offer, or change of land use purpose.
On the other hand, Article 52 of the 2013 Land Law of Vietnam stipulates the bases for the change of land use purpose, specifically as follows:
- The annual district-level land use plans which have been approved by competent state agencies.
- Land use demands as indicated in investment project documents or in applications for land allocation, land lease or change of land use purpose.
According to the above regulations, if the change of land use purpose is suitable with the land use needs of households and individuals, and the annual district-level land use plans which have been approved, it will be considered by the competent authority for permission to change the land use purpose.
What are the order and procedures for permission for change of land use purpose in Vietnam?
The order and procedures for permission for change of land use purpose in Vietnam are specified in Article 69 of Decree 43/2014/ND-CP of Vietnam as follows:
- A land user shall submit a written request for change of land use purpose together with the certificate to the natural resources and environment agency.
- The natural resources and environment agency shall appraise the dossier; conduct field verification and appraise the demand for change of land use purpose; guide the land user in fulfilling financial obligations in accordance with law; propose the competent People’s Committee to permit the change of land use purpose; and direct the updating and modification of the land database and cadastral records.
An investor that acquires land use rights from a current land user for implementation of an investment project shall carry out procedures for transfer of land use rights concurrently with procedures for permission for change of land use purpose.
- The land user shall fulfill financial obligations under regulations.
Regarding the registration of the transfer of the land use right certificate, the application shall be submitted to the land use right registration office under the Sub-department of Natural Resources and Environment at the urban district (town, district) level where the land is located. The application includes:
- Contract for transfer of land use rights.
- Certificates of land use rights.
- Other documents, such as identity cards, household registration books of both parties.
LawNet
