Vietnam: Is it possible to change the use purposes of land allocated or leased by the State for 50 years to residential land to build houses? What does the application for changing the use purposes of land allocated or leased by the State for 50 years to residential land include?
- What is land allocated or leased by the State for 50 years in Vietnam? What types of land allocated or leased by the State for 50 years?
- In Vietnam, is it possible to change the use purposes of land allocated or leased by the State for 50 years to residential land to build houses?
- What does the application for changing the use purposes of land allocated or leased by the State for 50 years to residential land in Vietnam include?
What is land allocated or leased by the State for 50 years in Vietnam? What types of land allocated or leased by the State for 50 years?
Land allocated or leased by the state for 50 years is land with a term of 50 years or a maximum of 50 years.
Pursuant to Article 126 of the 2013 Land Law, there are the following provisions:
Land used for limited term
1. The term for land allocation, and recognition of agricultural land use rights for households and individuals directly engaged in agricultural production as prescribed in Clauses 1 and 2, at Point b, Clause 3, in Clauses 4 and 5, Article 129 of this Law is 50 years. When the term expires, households or individuals directly engaged in agricultural production that has demand may continue using land in accordance with the land use term prescribed in this Clause.
2. The term for lease of agricultural land to households or individuals must not exceed 50 years. At the expiry of the term, households or individuals that have demand shall be considered by the State for continued leasing of the land.
3. The term for land allocation or land lease to organizations for the purpose of agriculture, forestry, aquaculture or salt production; to organizations, households or individuals for the purpose of trading and services or for non-agricultural production establishments; to organizations for implementing investment projects; to overseas Vietnamese and foreign-invested enterprises for implementing investment projects in Vietnam, shall be considered and decided on the basis of the investment projects or applications for land allocation or land lease, but must not exceed 50 years.
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Accordingly, types of land allocated or leased by the State for 50 years include:
- Households and individuals directly involved in agricultural production shall be allocated land and recognized agricultural land use rights, including:
+ Land for annual crops, aquaculture, and salt production
+ Land for the cultivation of perennial trees
+ Land for production forests
+ Allocate many types of land including land for annual crops, aquaculture, and salt production
+ Empty land, land for bare hills or land with water surface under the type of unused land
- Households and individuals leasing agricultural land
- Organizations may allocate or lease land for use in agriculture, forestry, aquaculture, and salt production
- Organizations, households, and individuals may allocate or lease land for commercial or service purposes as non-agricultural production establishments
- Organizations that are allocated or leased land for the implementation of investment projects
- Overseas Vietnamese, foreign-invested enterprises are allocated or leased land for the implementation of investment projects in Vietnam.
In Vietnam, is it possible to change the use purposes of land allocated or leased by the State for 50 years to residential land to build houses?
Pursuant to Article 6 of the 2013 Land Law as follows:
Land use principles
1. Compliance with land use master plans and plans, and use for proper purposes.
2. Economy, effectiveness, environmental protection, and causing no harm to the legitimate interests of adjacent land users.
3. Land users may exercise their rights and perform their obligations within the land use term in accordance with this Law and other relevant laws.
Thus, people only can build houses on residential land. Therefore, in case of wishing to build houses on land allocated or leased by the State for 50 years, it is required to change land use purposes.
Pursuant to Article 57 of the 2013 Land Law as follows:
Change of land use purpose
1. Cases in which change of land use purpose requires permission by competent state agencies:
a/ Change of land for rice cultivation to land for perennial crops, forests, aquaculture or salt production;
b/ Change of land for other annual crops to land for saltwater aquaculture, salt production or aquaculture in ponds, lakes or marshlands;
c/ Change of land for special-use forests, protection forests or production forests to land for other purposes within the type of agricultural land;
d/ Change of agricultural land to non-agricultural land;
e/ Change of non-agricultural land which is allocated by the State without land use levy to non-agricultural land which is allocated by the State with land use levy, or to leased land;
f/ Change of non-agricultural land which is not residential land to residential land;
g/ Change of land for construction of non-business facilities or land for public purposes involving commercial purpose, or non-agricultural land for business and production purposes which is not land for trading or services to land for trading or services; change of land for trading or services or land for construction of non-commercial facilities to land for non-agricultural production establishments.
2. When changing the land use purpose under Clause 1 of this Article, land users shall fulfill financial obligations as prescribed by law. The land use regime and the rights and obligations of land users are those applicable to the type of the land used for the new purpose.
Thus, when changing the use purposes of land allocated or leased by the State for 50 years to residential land, there must be an approval decision issued by a competent state agency. After that, individuals and households can build houses on this land.
What does the application for changing the use purposes of land allocated or leased by the State for 50 years to residential land in Vietnam include?
Pursuant to Clause 1 Article 6 of Circular 30/2014/TT-BTNMT as follows:
Applications for repurposing of land
1. The applicant shall submit a set of application if land repurposing is subject to approval by a competent state authority, including:
a) A completed application form for repurposing of land provided in the specimen No. 1 attached hereto;
b) Either of the certificate of land use rights, certificate of house ownership and land use rights or the certificate of land use rights, house ownership and other property pertaining to land.
Thus, the application for changing the use purposes of land allocated or leased by the State for 50 years to residential land in Vietnam includes:
- An application form for repurposing of land according to Form No. 01 issued together with Circular 30/2014/TT-BTNMT
- Certificate of land use rights, certificate of house ownership, and land use rights or certificate of land use rights, house ownership, and other property pertaining to land.
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