Are there penalties for changing from paddy land to coffee land without changing land use purpose in Vietnam?
My family has a piece of land that is growing rice, but now I want to switch to coffee for higher productivity, if I don't change the land use purpose, will I be fined? As far as I know, my land has enough conditions to be converted to coffee land. In my locality, I also have a policy of planning the area to switch to growing coffee trees, my land is also currently in the planning.
Are there penalties for changing from paddy land to coffee land without changing land use purpose in Vietnam?
Pursuant to Clause 2, Article 5 of Circular 09/2021/TT-BTNMT stipulating the following cases of land repurposing do not require permission from competent authority but require change registration:
a) 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;
b) Repurposing into land for farming of other annual plants; repurposing of land for aquaculture into land for perennial plant farming;
c) Repurposing of land for perennial plant farming into land for aquaculture or land for perennial plant farming;
d) Repurposing of residential land into non-agricultural land besides residential land;
dd) 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.
Thus, in case of changing from paddy land to coffee land is not in the case of not having to change the land use purpose. Therefore, if you do not change the use purpose when switching from paddy land to coffee land, you will be fined according to regulations in Vietnam.
How much is fine for not changing land use purpose in Vietnam?
Pursuant to Clause 1, Article 13 of Decree No. 91/2019/ND-CP stipulating conversion of crops mechanism on paddy land against regulations and law; unregistered use of land for other purposes requiring registration as per the law are as follows:
1. Eligible conversion of crops mechanism on paddy land according to Clause 1 Article 4 of Decree No. 35/2015/ND-CP (and amendments thereto at Clause 1 Article 1 of Decree No. 62/2019/ND-CP) without registering with Commune-level People’s Committees shall be sanctioned as follows:
a) A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed if area of land of crop conversion is less than 0.5 hectare;
b) A fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed if area of land of crop conversion is from 0.5 hectare to less than 01 hectare;
c) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed if area of land of crop conversion is less than 01 hectare;
Thus, depending on the area converted from paddy land to coffee land in Vietnam, there will be different penalties, you can refer to.
Best Regards!
