07/10/2022 13:48

How much is legal to transfer the land use purpose?

How much is legal to transfer the land use purpose?

My family is in need of land use change but with quite a small area. So, I would like to ask, does the law limit the area of land use change and how much of the land use is legal?

In this regard, Lawyer Nguyen Van Tuan, Director of TGS Law Co., Ltd. said, pursuant to the provisions of Article 57 of the Land Law 2013 on land use change as follows:

Article 57. Change of land use purpose

1. Cases in which change of land use purpose requires permission by competent state agencies:

d/ Change of agricultural land to non-agricultural land;

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.

As can be seen, the law does not provide for the minimum and maximum areas for land use transfer. Whether or not land is converted and how much area is converted depends on the following grounds:

(i) Needs of land users (for households and individuals, the Division of Natural Resources and Environment is responsible for document verification; field verification, appraisal of the need to change land use purposes);

(ii) District-level annual land use plans shall be decided by competent state agencies.

Thus, based on the above grounds, the district People's Committee will decide to allow the land use purpose and transferred area (there is no limit such as the minimum area allowed to separate the parcel).



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