Do I have to get permission from competent authority to change from coffee land to vegetable land in Vietnam?
I have a piece of land that is growing coffee but the yield is not high, so if I want to switch to growing vegetables, do I need to get permission from the state agency?
Do I have to get permission from competent authority to change from coffee land to vegetable land 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 your case, the coffee tree is a perennial plant and has been converted to an annual plant, so it will not be necessary to go to the competent authority to apply for permission to change the land use purpose. But will have to do the change registration in Vietnam.
Application for registration for conversion of land use purpose in Vietnam
Application for registration for conversion of land use purpose as prescribed in Clause 2, Article 11 of Circular 02/2015/TT-BTNMT are as follows:
2. Land users that need conversion of land use purpose must submit one set of documentation including:
a) Registration form for changes of land, land-linked properties according to Form No. 09/ĐK enclosed with the Circular No. 24/2014/TT-BTNMT;
b) Land use right certificate; Certificate of rights to land use, ownership of land, land-linked properties; Certificates of ownership of houses, rights to inhabited land use (hereinafter referred to as the certificates).
Procedures for registration for conversion of land use purpose without application for permission of competent state agencies in Vietnam
Sequence and procedures for registration for conversion of land use purpose without application for permission of competent state agencies are specified in Clause 3, Article 11 of Circular 02/2015/TT-BTNMT as follows:
3. Sequence and procedures for registration for conversion of land use purpose without application for permission of competent state agencies as follows:
a) Land users submit documentation to the document receiving place as prescribed in Clauses 2, 3, 4, 5 of Article 60 of the Decree No. 43/2014/NĐ-CP;
b) Land registration office shall be responsible for conducting examination of documentation, field survey if necessary; giving confirmations on the registration form; giving confirmations of land use purpose on the certificates; making adjustments and updates on changes to cadastral documentation, land database (if any); handing the certificates to applicants or to People’s Committees of communes in case documentation is submitted to authorities at commune-level.
Best Regards!
