Change of land use purpose is when a land user changes from one type of land to another (for example, from agricultural land to non-agricultural land,...). Does the land use purpose change require permission in Vietnam?
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Does the land use purpose change require permission in Vietnam? (Source: Internet)
Vietnam's Land Law 2013 and Circular 02/2015/TT-BTNMT clearly stipulate cases of change of land use purpose requiring permission and cases of change of land use purpose without permission, specifically:
1. Cases in which change of land use purpose requires permission in Vietnam
According to Clause 1, Article 57 of the Land Law 2013, cases in which change of land use purpose requires permission by competent state agencies:
- Change of land for rice cultivation to land for perennial crops, forests, aquaculture or salt production;
- Change of land for other annual crops to land for saltwater aquaculture, salt production or aquaculture in ponds, lakes or marshlands;
- Change of land for special-use forests, protection forests or production forests to land for other purposes within the type of agricultural land;
- Change of agricultural land to non-agricultural land;
- 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;
- Change of non-agricultural land which is not residential land to residential land;
- 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.Cases in which change of land use purpose that do not require permission in Vietnam
According to Clause 1, Article 11 of Circular 02/2015/TT-BTNMT (amended by Clause 2, Article 5 of Circular 09/2021/TT-BTNMT),
he following cases of land repurposing do not require permission from competent authority but require change registration:
- Repurposing of land for annual plant farming land into other types of agriculture land, namely land for construction of greenhouses and other housing for crop production; land for construction of housing for livestock, poultry and other lawful animals; and land for aquaculture for the purposes of study, research and experimentation;
- Repurposing into land for farming of other annual plants; repurposing of land for aquaculture into land for perennial plant farming;
- Repurposing of land for perennial plant farming into land for aquaculture or land for perennial plant farming;
- Repurposing of residential land into non-agricultural land besides residential land;
- Repurposing of land for economic/service activities into non-agricultural business land besides land for non-agricultural production facilities; repurposing of non-agricultural business land besides land for economic/service activities and land for non-agricultural production facilities into land for service structure construction.
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