25/05/2023 09:07

Conditions for converting agricultural land to residential land in Vietnam

Conditions for converting agricultural land to residential land in Vietnam

What are the conditions for converting agricultural land to residential land in Vietnam? What are the procedures for this matter? “Ha Linh-Lai Chau”

Hello, Lawnet would like to answer the following:

1. Conditions for converting agricultural land to residential land in Vietnam

According to Article 52 of the Land Law 2013, the provisions on the grounds for land allocation, for land tax, and for allowing the change of land use purpose are as follows:

Article 52. Bases for land allocation, land lease and change of land use purpose

1. The annual district-level land use plans which have been approved by competent state agencies.

2. Land use demands as indicated in investment project documents or in applications for land allocation, land lease or change of land use purpose.

In your case, in order to be considered by the state agency for permission to convert agricultural land to residential land, you need to satisfy the following two conditions:

- Firstly, the land plot on which you need to change the use purpose belongs to the annual land use plan at the district level and has been approved by the competent state agency.

- Second, your residential land use needs must be shown in the investment project, the application for land allocation, land lease, or change of land use purpose.

In addition, according to Article 59 of the Land Law 2013, the competence to allocate, lease land and approve change of land use purpose is regulated as follows:

- Provincial-level People’s Committees may decide on the allocation or lease of land, and permit change of land use purpose or organization

- District-level People’s Committees may decide on the allocation or lease of land, and permit change of land use purpose for households and individuals

2. Order and procedures for converting agricultural land to residential land in Vietnam

Step 1: Prepare documents

According to the provisions of Article 6 of Circular 30/2014/TT-BTNMT dated June 2, 2014, households and individuals prepare 01 set of documents, including:

- An application for change of land use purpose, made according to Form No. 01 issued together with Circular 30;

Form No. 01: Download

- Certificate of land use rights or Certificate of ownership of houses and residential land use rights or Certificate of land use rights, ownership of houses, and other assets attached to land.

Step 2: Submit your application

Option 1: The locality has established a one-stop shop to receive and return the results of administrative procedures, then households and individuals shall submit them to the district-level one-stop shop.

Option 2: If the locality has not yet established a one-stop shop, households and individuals must submit their dossiers directly to the Department of Natural Resources and Environment (district level).

Step 3: Process and resolve the request

After receiving the application, the Department of Natural Resources and Environment will perform the following tasks:

- Verification of records; field verification, assessment of the need to change the land use purpose;

- Guiding land users to fulfill their financial obligations as prescribed (if the land use purpose is changed, people will receive a notice of payment to the state budget, clearly stating the amount and deadline for payment). );

- Submitting to the district-level People's Committee for a decision permitting the change of use purpose;

- Directing the updating and editing of the land database and cadastral records.

Step 4: Return the result

- The Department of Natural Resources and Environment issues a decision to allow the change of land use purpose after the household or individual has paid money according to the notice of the tax authority (presenting the paid receipt when receiving the decision).

Time to carry out procedures: Pursuant to Point b, Clause 1 and Clause 4, Article 61 of Decree 43/2014/ND-CP, the time for carrying out the procedures for permitting the change of land use purpose shall not exceed 15 days from the date of receipt of a valid dossier (excluding the time to fulfill the financial obligations of the land user); no more than 25 days for communes in mountainous, island, deep-lying, and remote areas and areas with difficult or extremely difficult socio-economic conditions.

Le Thi Phuong Ngan
91


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