Can residential land in Vietnam be used for commercial purposes? How many types of residential land are there?
What is residential land in Vietnam? How many types of residential land are there?
Pursuant to Point a, Clause 2, Article 10 of the 2013 Land Law, regulations on land classification include:
Land classification
Depending on land use purpose, land is classified into the following types:
...
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;
...
According to the above regulations, residential land is the type of land belonging to the group of non-agricultural land, which is used for the construction of houses, works in service of living and gardens and ponds attached to houses which have been recognized as residential land. .
In case the land plot with gardens and ponds attached to houses has not been recognized, the residential land area shall be temporarily determined by the new residential land allocation quota as prescribed by the provincial People's Committee.
Residential land includes rural land and urban residential land. Specifically, according to Circular 27/2018/TT-BTNMT:
- Rural residential land: Residential land within the administrative boundaries of communes, excluding residential land in new urban areas which has been implemented according to development plannings of districts, cities, towns and townships but currently still under the management of the commune.
- Urban residential land: Residential land within the administrative boundaries of wards and townships, including residential land in new urban areas already implemented within the scope of development plannings of districts and cities, the town has been approved by a competent state agency, but up to the time of statistics and inventory, it is still managed by the commune.
Can residential land in Vietnam be used for commercial purposes? How many types of residential land are there? (Image from the Internet)
What are the codes of residential land in Vietnam?
Pursuant to Circular 27/2018/TT-BTNMT, codes of residential land are as follows:
- Residential land: OTC
- Rural residential land: ONT
- Urban residential land: ODT.
Can residential land in Vietnam be used for commercial purposes?
Residential land is allowed for production and business after the land user carries out change registration procedures.
Specifically, based on Clause 1, Article 11 of Circular 02/2015/TT-BTNMT (amended by Clause 2, Article 5 of Circular 09/2021/TT-BTNMT), the cases of change of land use purpose do not require permission. permission from the state agency as follows:
1. The following cases of land repurposing do not require permission from competent authority but require change registration:
a) Repurposing of land for annual plant farming land into other types of agriculture land, namely land for construction of greenhouses and other housing for crop production; land for construction of housing for livestock, poultry and other lawful animals; and land for aquaculture for the purposes of study, research and experimentation;
b) Repurposing into land for farming of other annual plants; repurposing of land for aquaculture into land for perennial plant farming;
c) Repurposing of land for perennial plant farming into land for aquaculture or land for perennial plant farming;
d) Repurposing of residential land into non-agricultural land besides residential land;
dd) Repurposing of land for economic/service activities into non-agricultural business land besides land for non-agricultural production facilities; repurposing of non-agricultural business land besides land for economic/service activities and land for non-agricultural production facilities into land for service structure construction.
According to the above regulations, the case where a land user wants to repurpose residential land into production and business land (non-agricultural land) will not require permission from competent authority but require change registration.
Accordingly, Decree 43/2014/ND-CP stipulates the documents and procedures for registration of land changes as follows:
Step 1: Prepare documents
Land users wishing to change the land use purpose shall submit 1 set of documents, including:
- The registration form changes according to the form.
- Certificates of land use rights.
Step 2: Submit your application
According to Clauses 2 and 3, Article 60 of Decree 43/2014/ND-CP, households and individuals submit dossiers as follows:
(1) Households and individuals submit land at the commune-level People's Committee where the land is located if they need it (commune, ward, town).
(2) Not submitted at the Commune People's Committee
- If the locality has organized the single-window department, it shall be submitted to the single-window department at the district level.
- If the single-window department has not been organized, the following documents shall be submitted:
+ Branch land registration offices in districts, urban districts, towns and provincial cities.
+ District land use right registration office (if the locality does not have a land registration office).
Step 3: Receive and resolve
- The land registration office is responsible for checking the dossier; field verification in case of necessity;
- Confirmation in the Registration Form, confirmation of land use purpose in the Certificate;
- Correct and update changes in cadastral records and land database (if any).
Step 4: Return the result
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