What are cases of land repurposing without requiring permission in Vietnam from August 1, 2024? What are the regulations on authority for permitting land repurposing in Vietnam?
What are the regulations on authority for permitting land repurposing in Vietnam?
Based on Article 123 of the Land Law 2024, the provisions are as follows:
Authority to allocate land, lease land, and approve land repurposing
1. The People's Committee at the provincial level decides to allocate land, lease land, and approve land repurposing in the following cases:
a) Allocate land, lease land, and approve land repurposing for domestic organizations;
b) Allocate land, lease land for religious organizations and their affiliates;
c) Allocate land, lease land for overseas Vietnamese, and economic organizations with foreign investment;
d) Lease land to foreign organizations with diplomatic functions.
2. The People's Committee at the district level decides to allocate land, lease land, and approve land repurposing in the following cases:
a) Allocate land, lease land, and approve land repurposing for individuals. In cases of leasing land, approving land repurposing for agricultural land to be used for commercial, service purposes with an area of 0.5 ha or more, a written approval from the provincial People's Committee is required before deciding;
b) Allocate land for community groups.
3. The People's Committee at the commune level leases out the agricultural land fund for public utility purposes of the commune, ward, or commune-level town.
4. State agencies with authority to allocate land, lease land, and approve land repurposing as stipulated in Clauses 1 and 2 of this Article are also the authorities to decide on the adjustment, extension of land use for cases where land users have received decisions to allocate land, lease land, or approve land repurposing before this Law takes effect and for cases of deciding to allocate land, lease land, or approve land repurposing as per the provisions of this Law.
5. State agencies with authority as stipulated in Clauses 1, 2, and 4 of this Article are not allowed to decentralize or delegate this authority.
The authority to approve land repurposing is as follows:
+ The People's Committee at the provincial level approves land repurposing for domestic organizations;
+ The People's Committee at the district level approves land repurposing for individuals. In cases of approving land repurposing for agricultural land to be used for commercial, service purposes with an area of 0.5 ha or more, a written approval from the provincial People's Committee is required before deciding;
The state agency with authority to approve land repurposing is also the authority to decide on the adjustment, extension of land use for cases where land users have received decisions to allocate land, lease land, or approve land repurposing before August 1, 2024, and for cases of approving land repurposing as per the provisions of the Land Law 2024.
What are cases of land repurposing without requiring permission in Vietnam from August 1, 2024? What are the regulations on authority for permitting land repurposing in Vietnam? (Internet image)
What are cases of land repurposing without requiring permission in Vietnam from August 1, 2024?
Based on Article 121 of the Land Law 2024, the provisions are as follows:
(1) Cases of land repurposing requiring permission from competent state agencies include:
- Conversion of rice cultivation land, special-use forest land, protective forest land, production forest land to other types of agricultural land;
- Conversion of agricultural land to non-agricultural land;
- Conversion of other types of land to intensive livestock farming land when implementing large-scale intensive livestock farming projects;
- Conversion of non-agricultural land allocated by the State without land levy to other non-agricultural land allocated by the State with land levy or leased land;
- Conversion of non-agricultural land that is not residential land to residential land;
- Conversion of land for construction of non-profit works, land used for public purposes with commercial objectives to land for production, non-agricultural commercial purposes;
- Conversion of land for non-agricultural production and business that is not commercial land to commercial land.
(2) When converting land use purposes as per stipulations in (1), land users must fulfill financial obligations according to the law; policies on land use, rights, and obligations of land users are applicable based on the type of land after conversion.
(3) land repurposing cases not falling under those stipulated in (1) do not require permission from competent state agencies.
In cases of land originating as residential land or non-agricultural land with long-term stable land use duration appropriate with law provisions, if there is a current need to revert to residential land and in alignment with land use planning, there is no need to pay land levy.
Thus, from August 1, 2024, if the land repurposing does not fall under the 7 cases stipulated in (1), there is no need for permission from competent state agencies.
Cases where the Provincial People's Committee approves land repurposing in Vietnam
Based on Clause 1, Article 123 of the Land Law 2024, the provisions are as follows:
Authority to allocate land, lease land, and approve land repurposing
1. The People's Committee at the provincial level decides to allocate land, lease land, and approve land repurposing in the following cases:
a) Allocate land, lease land, and approve land repurposing for domestic organizations;
b) Allocate land, lease land for religious organizations and their affiliates;
c) Allocate land, lease land for overseas Vietnamese, and economic organizations with foreign investment;
d) Lease land to foreign organizations with diplomatic functions.
...
Therefore, the provincial People's Committee approves land repurposing for domestic organizations.
LawNet