Land Law 2024 guiding cases of land use purpose change requiring permission and not requiring permission
Cases of Land Use Purpose Conversion Requiring and Not Requiring Permission According to the Land Law 2024
Article 121 of the Land Law 2024 provides guidance on the conversion of land use purposes.
Cases of Land Use Purpose Conversion Requiring Permission
The following cases of land use purpose conversion must be permitted by the competent state authority:
- Conversion of rice cultivation land, special-use forest land, protection forest land, production forest land to different types of agricultural land;
- Conversion of agricultural land to non-agricultural land;
- Conversion of other types of land to concentrated livestock land when implementing large-scale concentrated livestock projects;
- Conversion of non-agricultural land assigned by the State without land levy to other types of non-agricultural land assigned by the State with land levy or leased land;
- Conversion of non-agricultural land that is not homestead land to homestead land;
- Conversion of land for constructing public service works, land used for public purposes with business objectives to non-agricultural production and business land;
- Conversion of non-agricultural production and business land that is not commercial land to commercial land.
Cases of Land Use Purpose Conversion Not Requiring Permission
If the land use purpose conversion does not fall under the cases requiring permission from competent state authorities, then permission from competent state authorities is not needed.
In cases where the land originates as homestead land or non-agricultural land with long-term stable land use, and it is converted to another purpose that now needs to be converted back to homestead land, in accordance with land use planning, land levy payment is not required.
Land Law 2024 provides guidance on cases of land use purpose conversion requiring and not requiring permission.
Procedures for Approving Land Use Purpose Conversion
Pursuant to Article 227 of the Land Law 2024, the cases of land use purpose conversion requiring the approval of a competent state authority shall be implemented as follows:
(1) The land user submits an application for the conversion of land use purpose as prescribed.
(2) The land management authority checks the conditions for land use purpose conversion. If the application does not meet the requirements, the land management authority guides the land user to supplement and re-submit the application.
(3) Responsibilities of the land management authority include:
- In cases applying the land price in the land price list to calculate land levy and land rent, the land management authority shall prepare documents and submit them to the competent People's Committee for a decision on allowing conversion of land use purpose, land allocation, or land lease;
- In cases determining specific land prices to calculate land levy and land rent, the land management authority shall prepare documents and submit them to the competent People's Committee for a decision on allowing conversion, land allocation, or land lease; and organize land price determination, submitting it to the competent authority for approval to calculate land levy and land rent.
(4) The land user pays land levy and land rent as prescribed by law; in cases of land levy and land rent reduction, the land levy and land rent collection agency shall implement the reduction for the land user.
(5) The land management authority signs a land lease contract if the State leases the land; transfers documents to the land registration office or its branch to register, issue the land use right certificate, property ownership on land, update and amend the land database, cadastral records, and hand over the land use right certificate and property ownership on land to the land user.
(6) In cases of receiving the land use right transfer and converting the land use purpose, the procedure for registering the land use right transfer shall be carried out simultaneously with the procedure for converting the land use purpose as prescribed.
When Does the Land Law 2024 Take Effect?
According to Article 252 of the Land Law 2024:
Effective Date
1. This Law takes effect from January 1, 2025, except for the provisions in Clauses 2 and 3 of this Article.
2. Article 190 and Article 248 of this Law take effect from April 1, 2024.
3. The establishment and approval of land use planning continues to follow the provisions of Resolution No. 61/2022/QH15 dated June 16, 2022, of the National Assembly on continuing to enhance the effectiveness and efficiency of policy and law implementation on planning and some solutions to remove difficulties, speed up the planning process and improve the quality of planning for the period 2021 - 2030.
Clause 9 Article 60 of this Law takes effect from the date that Resolution No. 61/2022/QH15 ceases to be effective.
4. Land Law No. 45/2013/QH13, as amended and supplemented by Law No. 35/2018/QH14 (hereinafter referred to as Law No. 45/2013/QH13), ceases to be effective from the effective date of this Law.
Thus, the Land Law 2024 takes effect on January 1, 2025. However, Articles 190 and 248 of the Land Law 2024 take effect from April 1, 2024.
Recently, to bring the Land Law 2024 into life earlier than planned, on March 26, 2024, the Prime Minister of the Government of Vietnam issued Official Dispatch 202/TTg-NN, proposing to the National Assembly for the Land Law 2024 to take effect from July 1, 2024.
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