What are the procedures for change of land for rice cultivation to land for aquaculture in Vietnam?
- Vietnam: Is the change of land for rice cultivation to land for aquaculture required permission?
- What are the applications for repurposing land for rice cultivation to land for aquaculture in Vietnam?
- Order and procedures for permission for change of land use purpose from rice cultivation to aquaculture in Vietnam
Vietnam: Is the change of land for rice cultivation to land for aquaculture required permission?
According to Article 57 of the Land Law 2013, the change of land use purpose is as follows:
"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."
Accordingly, in case of change of land for rice cultivation to land for aquaculture, the land user must apply for permission.
Change of land use purpose in Vietnam
What are the applications for repurposing land for rice cultivation to land for aquaculture in Vietnam?
In Article 6 of Circular 30/2014/TT-BTNMT stipulating the applications for repurposing land in Vietnam as follows:
"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.
2. An application for repurposing of land submitted to the competent People’s Committee shall consist of:
a) The documents specified in Clause 1 this Article;
b) An on-site inspection record;
c) A copy of the notes of investment project if the project is not subject to approval by a competent authority or exempted from the certificate of investment; copy of the technical-economic report made by an organization using land if the plan for construction project is not required; the written assessment of demand for land use; or assessment of requirements for repurposing of land stipulated in Clause 3 Article 58 of the Land Law and Article 14 of the Decree No. 43/2014/ND-CP that has been made when granting the certificate of investment, carrying out assessment of the investment project or considering approving of the project if it is required to be submitted to the competent state authority for approval or the project must obtain the certificate of investment;
d) A written assessment of demand for land use or assessment of requirements for repurposing of land specified in Clause 3 Article 58 of the Land Law and Article 14 of the Decree No. 43/2014/ND-CP if the project is not subject to approval by a competent authority; the project is exempted from the certificate of investment and the plan for construction project is not required.
If a household or an individual applies for land repurposing from agricultural purposes to commercial purposes with the area of 0.5 ha or over, the applicant shall send an additional written approval made by the People’s Committee of province according to provisions of Point a Clause 2 Article 59 of the Land Law;
dd) The extracted cadastral map or extracted cadastral survey of the piece of land;
e) A written request and a draft of the decision on repurposing of land provided in the specimen No. 5 attached hereto."
Order and procedures for permission for change of land use purpose from rice cultivation to aquaculture in Vietnam
According to Article 69 of Decree 43/2014/ND-CP, the order and procedures for permission for change of land use purpose are as follows:
"1. A land user shall submit a written request for change of land use purpose together with the certificate to the natural resources and environment agency.
2. The natural resources and environment agency shall appraise the dossier; conduct field verification and appraise the demand for change of land use purpose; guide the land user in fulfilling financial obligations in accordance with law; propose the competent People’s Committee to permit the change of land use purpose; and direct the updating and modification of the land database and cadastral records.
An investor that acquires land use rights from a current land user for implementation of an investment project shall carry out procedures for transfer of land use rights concurrently with procedures for permission for change of land use purpose.
3. The land user shall fulfill financial obligations under regulations."
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