What is residential land in Vietnam? Instructions for documents and procedures to transfer to residential land in Vietnam? What costs must be paid when moving to residential land ?
What is residential land in Vietnam?
Currently, according to the provisions of the Land Law 2013 and other relevant laws, there is no specific regulation on the concept of residential land in Vietnam. However, based on the most common interpretation:
Residential land in Vietnam is often used to refer to residential land, including residential land in rural areas (symbol ONT), residential land in urban areas (symbol ODT).
Pursuant to the provisions of Article 125 of the 2015 Land Law, land for stable and long-term use is as follows:
Long-term stable land use
Land users may use land on a stable and long-term basis in the following cases:
1. Residential land used by households or individuals;
2. Agricultural land used by the residential community specified in Clause 3, Article 131 of this Law;
3. Protection forest land, special-use forest land and production forest land are natural forests;
4. Land for commercial, service, and non-agricultural production establishments of households and individuals that are being used stably, but are not land allocated or leased by the State for a definite term;
5. Land for construction of offices of agencies specified in Clause 1, Article 147 of this Law; land for construction of non-business works of non-financial public non-business organizations specified in Clause 2, Article 147 of this Law;
6. Land used for defense and security purposes;
7. Land for religious establishments specified in Article 159 of this Law;
8. Land of beliefs;
9. Land for traffic, irrigation, land with historical-cultural relics, scenic spots, land for construction of other public works for non-business purposes;
10. Land for cemeteries and graveyards;
11. Land used by economic organizations is specified in Clause 3, Article 127 and Clause 2, Article 128 of this Law.
Accordingly, in case residential land in Vietnam is residential land in Vietnam used by households or individuals, residential land will have a stable and long-term use term.
Residential land in Vietnam is divided into what types?
As analyzed above, residential land in Vietnam is divided into two types, urban residential land in Vietnam and rural residential land in Vietnam.
Rural residential land in Vietnam
Pursuant to the provisions of Article 143 of the Land Law 2013, the rural residential land in Vietnam is as follows:
Land in countryside
1. Residential land used by households or individuals in rural areas, including land for construction of houses, construction of works in service of life, gardens and ponds in the same land plot in rural residential areas, suitable for residential areas. consistent with the master plan on land use and construction planning of rural residential quarters already approved by competent state agencies.
2. Based on the local land fund and the rural development planning approved by the competent state agency, the People's Committee of the province shall stipulate the quota of land allocated to each household or individual to building houses in the countryside; the minimum area to be divided into residential land in accordance with local conditions and practices.
3. The allocation of residential land in rural areas in the master plans and plans on land use must be synchronized with the planning of public works and non-business works to ensure convenience for production, people's life and sanitation. environment and towards rural modernization.
4. The State shall adopt policies to create conditions for people living in rural areas to have accommodation on the basis of making use of land in available residential areas, and to limit the expansion of residential areas on agricultural land.
Accordingly, rural residential land in Vietnam is residential land in Vietnam used by households and individuals in rural areas, including land for construction of houses, construction of works in service of life, gardens and ponds in the same land plot belonging to the same group. rural residential areas, in accordance with the master plan on land use and construction planning of rural residential quarters already approved by competent state agencies.
Urban residential land in Vietnam
Pursuant to the provisions of Article 144 of the 2013 Land Law, urban residential land in Vietnam is as follows:
Land in urban areas
1. Urban residential land includes land for construction of houses, construction of works in service of life, gardens and ponds in the same parcel of land in urban residential areas, in accordance with the land use planning, urban construction planning already approved by competent state agencies.
2. Urban residential land must be arranged synchronously with land used for construction of public works, non-business works, ensuring environmental sanitation and modern urban landscape.
3. The State shall have a master plan on land use for housing construction in urban areas, and adopt policies to create favorable conditions for people living in urban areas to have a place to live.
4. Provincial-level People's Committees, based on land use plannings, urban construction plannings and local land funds, stipulate quotas of residential land assigned to each household or individual to build their own houses for each household or individual. for cases where conditions are not met for land allocation under housing construction investment projects; Minimum area to be divided for residential land.
5. The conversion of residential land to land for construction of production and business establishments must conform to master plans, plans on land use and urban construction planning approved and complied with by competent state agencies. regulations on order, safety and protection of the urban environment.
Accordingly, urban residential land in Vietnam is land used to build houses and life works in urban residential areas in accordance with the land use planning and urban construction planning already approved by competent state agencies. approval authority.
What is residential land in Vietnam? Instructions for documents and procedures to transfer to residential land in Vietnam ? What costs must be paid when moving to residential land in Vietnam in 2022? (Image from the internet)
Procedure to move to the latest residential land in Vietnam in 2022?
Conditions for converting to residential land in Vietnam
Pursuant to the provisions of Clause 1, Article 6 of the 2013 Land Law, the principles of land use are as follows:
Principles of land use
1. To comply with the land use master plan and plan and the right land use purpose.
Accordingly, land should be used in accordance with the master plan, plan and land use purpose. Therefore, all types of land that are not residential land in Vietnam cannot build houses. If you want to build houses, you must change the land use purpose to residential land in Vietnam.
Pursuant to the provisions at Points d and e, Clause 1, Article 57 of the 2013 Land Law, cases where land use purpose change must be permitted by a competent state agency includes:
- Converting agricultural land to non-agricultural land
- Converting non-agricultural land which is not residential land in Vietnam to residential land in Vietnam;
Accordingly, all types of land that want to be converted to residential land in Vietnam must obtain permission from a competent state agency.
Thus, only when there is a decision to change the land use purpose of the district-level People's Committee (district, town, provincial city, city directly under the central city), households and individuals can build houses on other types of land.
At the same time, according to the provisions of Article 52 of the 2013 Land Law, which stipulates the grounds for land allocation, land lease, and permission to change the land use purpose, including:
- The annual land use plan of the district has been approved by the competent state agency.
- Demand for land use expressed in investment projects, applications for land allocation, land lease, change of land use purpose.
Accordingly, the district-level People's Committee shall decide for households and individuals to change the land use purpose after receiving the application and the excess land to be transferred belongs to the area permitted to be transferred (this area is specified in the daily land use plan). five).
Therefore, the district-level People's Committee is only allowed to allow households and individuals to move from agricultural or non-agricultural land to residential land in Vietnam when fully meeting the following two conditions:
- The district's annual land use plan allows conversion to residential land in Vietnam
- There is an application for change of land use purpose.
How are the documents and procedures for transferring residential land in Vietnam done?
To carry out the procedure to convert to residential land in Vietnam, you need to perform the following steps:
Step 1: Prepare documents including:
- Application for permission to change land use purpose
- Certificate of land use right (red book, pink book)
Step 2: Submit and receive documents
You can submit your application directly at the One-Stop-Shop to transfer to the Department of Natural Resources and Environment where the land is located or directly at the Department of Natural Resources and Environment (in case the One-Stop Department is not available).
Step 3: Pay land use fee
Step 4: Get the result
Time to process the application to transfer to residential land in Vietnam?
Pursuant to the provisions of Clause 40, Article 2 of Decree 01/2017/ND-CP stipulating the time for carrying out administrative procedures on land, according to which:
The time to carry out the procedures for permitting the change of land use purpose is not more than 15 days.
If the application is incomplete or invalid, within 03 working days, the application-receiving and processing agency must notify and guide the applicant to supplement and complete the application according to regulations. determined.
For communes in mountainous, island, deep-lying and remote areas, areas with difficult socio-economic conditions, and areas with extremely difficult socio-economic conditions, the time allowed for carrying out procedures is change of land use purpose is not more than 25 days.
The above time does not include the time of holidays and holidays as prescribed by law; does not include the time to fulfill the financial obligations of the land user.
What are the costs to pay when moving to residential land in Vietnam?
When carrying out the procedure to convert to residential land in Vietnam, you need to pay fees including: land use fee, fee before you, fee for certification, fee for application appraisal.
- Land use fees
+ In case of conversion from garden or pond land to residential land in Vietnam:
Pursuant to the provisions at Point a, Clause 1, Article 5 of Decree 45/2014/ND-CP stipulating land use levy, accordingly:
Payable land use fee = 50% x (Land use fee calculated according to residential land in Vietnam price - Land use fee calculated according to agricultural land price)
+ Change from agricultural land allocated by the State without land use levy to residential land in Vietnam.
Land use fee payable = (Land use fee calculated according to residential land in Vietnam price - Land use fee calculated according to agricultural land price).
- Registration fee:
Registration fee = (Land price in the land price list x Area) x 0.5%
- Regarding the fee for issuing the Certificate: Normally, each area will have a different fee, but most of them have a fee of less than 100,000 VND/paper/issue.
- Application assessment fee:
Fees for appraisal of dossiers in different regions will be regulated differently and shall be regulated by the People's Councils of provinces and centrally run cities.
Thus, the above is the procedure to transfer to residential land in Vietnam that you can refer to and implement.
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