Vietnam: Paddy fields and protection forest land must be strictly managed and controlled when changing land use purposes?
- Is it required to strengthen the management and control of the change of land use purposes for paddy fields land and protective forest land in Vietnam?
- Is it necessary to consult a state agency of Vietnam to change the land use purpose?
- Which State agency of Vietnam has the authority to change the current land use purpose?
Is it required to strengthen the management and control of the change of land use purposes for paddy fields land and protective forest land in Vietnam?
Pursuant to subsection 2, Section IV of Resolution 18-NQ/TW in 2022, there are regulations on the control and management of land use conversion activities:
“IV- TASKS, SOLUTIONS
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2. Completing institutions and policies on land management and use in sync with the institutions for developing a socialist-oriented market economy
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2.2. Completing regulations on land allocation, land lease, and land use purpose change
Land allocation and land lease shall be carried out mainly through auction of land use rights and bidding for projects using land. Specific regulations on auction of land use rights, bidding for projects using land; restrict and strictly regulate the cases of land allocation or land lease without auction of land use rights or bidding for projects using land; ensure publicity, transparency, and have a synchronous and specific mechanism to handle violations of regulations on land allocation and land lease, especially related to auction of land use rights and bidding for projects using land use rights. soil.
Basically implement the form of land lease with annual payment and specify the cases of one-time payment of land rent, suitable to the nature and purpose of land use, ensuring a stable source of income and avoiding losses. State budget. The State shall allocate land with a limit without collection of land use levy for land used as worship facilities and offices of religious organizations. Religious organizations that use land for other purposes must pay land rent to the State in accordance with law. To stipulate conditions for land allocation, land lease, and usage limits for religious organizations in accordance with the existing land fund of the locality.
Strengthen the management and strictly control the change of land use purpose, especially land for rice cultivation, protection forest land, special-use forest land, production forest land which is natural forest, and land of enterprises. State divestment, equitization and multi-purpose land use; strengthen decentralization and decentralization along with inspection and supervision, and speed up the reform of administrative procedures in changing land use purposes.”
Accordingly, in the coming time, it is necessary to strengthen the management and strictly control the change of land use purposes, especially rice land, protective forest land, special-use forest land, and production forest land is a natural forest according to the content specified above.
Vietnam: Paddy fields and protection forest land must be strictly managed and controlled when changing land use purposes?
Is it necessary to consult a state agency of Vietnam to change the land use purpose?
Pursuant Article 57 of the Land Law 2013 of Vietnam stipulates:
“Article 54. Land allocation without land use levy
The State shall allocate land without land use levy in the following cases:
1. Households and individuals directly engaged in agriculture, forestry, aquaculture or salt production to whom agricultural land is allocated within the quotas prescribed in Article 129 of this Law;
2. Persons who use land for protection forests, special-use forests or production forests which are natural forests, for office construction, for national defense or security purpose, for noncommercial public use, for cemeteries and graveyards which fall outside the cases prescribed in Clause 4, Article 55 of this Law;
3. Public non-business organizations that are not self-financed and use land for office construction.
4. Organizations that use land for construction of resettlement houses under the State’s projects.
5. Communities using agricultural land; religious institutions using non-agricultural land as prescribed in Clause 1, Article 159 of this Law.”
Accordingly, the cases of change of land use purpose must be approved by state agencies and comply with the above provisions.
Thus, for cases of land use purpose change other than those specified above, organizations and individuals do not need to obtain permission from competent state agencies when carrying out the change of land use purpose.
Which State agency of Vietnam has the authority to change the current land use purpose?
Pursuant Article 59 of the Land Law 2013 of Vietnam stipulates:
“Article 59. Competence to allocate, lease land and approve changes of land use purpose
1. Provincial-level People’s Committees may decide on the allocation or lease of land, and permit change of land use purpose in the following cases:
a/ Allocation or lease of land to, and permission for change of land use purpose for, organizations;
b/ Allocation of land to religious institutions;
c/ Allocation of land to overseas Vietnamese or foreign-invested enterprises under Clause 3, Article 55 of this Law;
d/ Lease of land to overseas Vietnamese or foreign-invested enterprises under Points e and f, Clause 3, Article 56 of this Law;
2. District-level People’s Committees may decide on the allocation or lease of land, and permit change of land use purpose in the following cases:
a/ Allocation or lease of land to, and permission of change of land use purpose for, households and individuals. If these subjects wish to lease or use agricultural land with an area of 0.5 ha or more for trading and service purposes, written approval from the provincial-level People’s Committee is required before the district-level People’s Committee makes the decision;
b/ Allocation of land to communities.
3. Commune-level People’s Committees may lease land from the agricultural land fund for public purposes in their communes, wards or townships.
4. Agencies having the competence to decide on land allocation or lease and permit change of land use purpose as prescribed in Clauses 1 and 2 of this Article may not delegate their competence.”
Accordingly, the determination of the competent authority permitting the change of land use purpose shall be made in accordance with the above provisions.
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