Can forest land be converted to residential land in Vietnam? Do other children need to sign when parents transfer house or forest land to a transferee in Vietnam?

Can forest land be converted to residential land in Vietnam? 

Hello, my family has a forest land in Tay Ninh, can I move to residential land? Because the People's Committee says there is no plan, it can't be done

Reply:

According to Clause 1, Article 10 of the 2013 Land Law, the group of agricultural land includes the following types of land:

1. Agricultural land, including:

a/ Land for cultivation of annual crops, including paddy land and land for cultivation of other annual crops;

b/ Land for cultivation of perennial trees;

c/ Land for production forests;

d/ Land for protection forests;

e/ Land for special-use forests;

f/ Land for aquaculture;

g/ Land for salt production;

h/ Other agricultural land, including land used to build greenhouses and other building types for cultivation purpose, including fanning not directly on the land, or to build breeding facilities for cattle, poultry and other animals as permitted by law; land for cultivation, breeding and aquaculture for the purpose of learning, research or experimentation; land for planting and nursing seedlings and breeders, and land for growing flowers and ornamental plants.

And as stipulated in Article 52 of the 2013 Land Law, bases for land allocation, land lease and change of land use purpose include:

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.

Thus, to change the land use purpose, it must be based on the approved annual land use plan of the District People's Committee and the individual's needs in the application for change of land use purpose. Therefore, if you apply to change the land use purpose from forest land to residential land but the land use plan does not allow it, you cannot change the land use purpose.

Do other children need to sign when parents transfer house or forest land to a transferee in Vietnam?

Currently, my husband and I are living with my husband's parents and they intend to transfer the certificate of land use rights of house land and certificate of land use rights of forest land to me and my wife. So, when doing the transfer procedure, do you need to ask for the signatures of the brothers and sisters in the house? And what is the procedure to do the transfer? Thank you

Reply:

The first case: The certificate of land use right is in the name of the husband's parents

Pursuant to the provisions of Article 213 of the 2015 Civil Code on common ownership of husband and wife:

1. Multiple ownership between a husband and wife is divisible joint ownership.

2. A husband and wife jointly create and develop their marital property through their efforts and have equal rights to possess, use and dispose of such property.

3. A husband and wife shall discuss, agree on or authorize each other in relation to the possession, use and disposal of the marital property.

4. The marital property may be divided as agreed or pursuant to a decision of a court.

5. If a husband and wife select the regulations on property under agreement as prescribed in law on marriage and families, the marital property shall apply those regulations.

According to this Article, if the land use right certificate lists the husband's parents' names, this land is determined to be the common property of the husband and wife. Therefore, when your parents have the right to possess, use and dispose of this land or in other words, your parents have the full right to decide on the house and forest land without the consent of the children. It means that the parents-in-law have right to give, transfer to you and your wife without the signature of other siblings.

In the second case, the land use right certificate bears the name "household":

Pursuant to Clause 29, Article 3 of the 2013 Land Law stipulates as follows:

29. Land-using household means those who share a marital, family or foster relationship as prescribed by the marriage and family law, are living together and have joint land use rights at the time of being allocated land or leased land, or having land use rights recognized by the State; or acquiring land use rights.

According to this Article, the certificate of land use right is issued to households, that is, to people who are related by marriage, blood, nurture, are living together and have the right to use common land at the time it is allocated by the State, lease land, recognize land use rights; transfer of land use rights.

Besides, based on Decree 43/2014/ND-CP stipulating:

1. Contracts and transaction documents on land use rights and ownership of land-attached assets of households shall be signed by the persons named in the certificates or authorized in accordance with the civil law.

2. Contracts and transaction documents on land use rights and ownership of land-attached assets of groups of land users or groups of owners of land-attached assets shall be signed by all group members or enclosed with authorization documents in accordance with the civil law, except the case of apartment owners sharing the use of a land parcel in an apartment building.

Therefore, the transfer of land use rights of households requires the consent and signatures of the household members on contracts and transaction documents on land use rights. Therefore, in this case, if your parents-in-law want to transfer the house and forest land to you and your wife, you need the signature and consent of other family members in Vietnam.

Third, the procedure for transferring land use rights is as follows:

+ Dossier for transfer of land use rights submitted at the land use right registration office; in case households and individuals use land in rural areas, they shall submit it to the People's Committee of the commune where the land is located for transfer to the land use right registration office;

+ The land use right transfer dossier includes the land use right transfer contract and the land use right certificate. The land use right transfer contract must be certified by a state notary; in the case of a land use right transfer contract of a household or an individual, the form of certification may be selected by the state notary public or by the People's Committee of the commune, ward or township where the land is located.

Within no more than fifteen working days from the date of receipt of a complete and valid dossier, the land use right registration office shall verify the dossier and send it to the land management agency under the Land use right authority. People competent to grant land use right certificates to carry out procedures for granting land use right certificates.

Does land for cultivation of perennial trees need to be changed to land for protection forests in Vietnam? 

Hello, I am living in Lao Cai, I have a few questions that I hope to be answered, If I change from land for perennial crops to protective forest land, do I have to ask permission from the state agency? Please answer

Reply:

According to the provisions of Clause 1, Article 57 of the 2013 Land Law:

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

a/ Change of land for rice cultivation to land for perennial crops, forests, aquaculture or salt production;

b/ Change of land for other annual crops to land for saltwater aquaculture, salt production or aquaculture in ponds, lakes or marshlands;

c/ Change of land for special-use forests, protection forests or production forests to land for other purposes within the type of agricultural land;

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

e/ 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;

f/ Change of non-agricultural land which is not residential land to residential land;

g/ 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.

According to the above regulations in Vietnam, the case of conversion from special-use forest land, protection forest land or production forest land to use for purposes in the group of agricultural land must be approved by a competent state agency.

In case of changing from land planted with perennial crops to protective forest land, it is not necessary to obtain permission from a competent authority in Vietnam.

In this case, you need to report to the local authority on the change of land use purpose for the commune cadastral officer to update the local land data in Vietnam.

Best regards!