How is the land use term upon land repurposing in Vietnam?
How is the land use term upon land repurposing in Vietnam?
Pursuant to Article 173 of the Land Law 2024 regulating the land use term upon land repurposing:
Article 173. Land use term upon land repurposing
1. The land use term for individuals when land repurposing is regulated as follows:
a) In case of converting special-use forest land or protective forest land to another type of land, the duration is determined according to the duration of the new type after the change. The land use term is calculated from the time the decision permitting the change is made;
b) In case of converting annual crop cultivation land, perennial plant land, production forest land, aquaculture land, or salt production land to special-use forest land or protective forest land, the land use term remains stable and long-term;
c) In case of converting the use purpose among agricultural land types not specified at point a and point b of this clause, the individual using the land may continue to use the land according to the duration already allocated or leased;
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Thus, upon land repurposing, the land use term is determined as follows:
| No. | Type of land being changed (land before change) | Purpose after change | land use term upon land repurposing |
|---|---|---|---|
| 1 | Special-use forest land, protective forest land | Other land | Duration is determined according to the duration of the type of land after the change. land use term is calculated from the time the decision permitting the change is made |
| 2 | Annual crop land, perennial plant land, production forest land, aquaculture land, salt production land | Special-use forest land, protective forest land | The land use term is stable and long-term |
| 3 | Agricultural land not [1] [2] | Agricultural land not [1] [2] | Continue to use the land according to the duration already allocated or leased |
| 4 | Agricultural land | Non-agricultural land | land use term is determined according to the duration of the type of land after the change. land use term is calculated from the time the decision permitting the change is made. |
What are cases not requiring permission of a competent regulatory agency for land repurposing in Vietnam?
According to Clause 3, Article 121 of the Land Law 2024 regulating land repurposing:
Article 121. Land repurposing
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3. Land repurposing not falling under the cases specified in Clause 1 of this Article does not require permission from a competent state agency.
In case the land used originates from homestead land or non-agricultural land with a long-term stable land use term according to legal regulations and has been changed to other purposes, but now there is a need to revert to homestead land and it aligns with the land use planning, no land levy payment is required.
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Based on the above regulations in Vietnam, land users upon land repurposing not in the following cases do not need to seek permission from a competent state agency:
- Converting rice cultivation land, special-use forest land, protective forest land, or production forest land to another type within the agricultural land group
- Converting agricultural land to non-agricultural land
- Converting other types of land to concentrated livestock land when implementing large-scale concentrated livestock projects
- Converting non-agricultural land allocated by the state without land levy to another non-agricultural type allocated with land levy or leased by the state
- Converting non-agricultural land not being homestead land to homestead land
- Converting the land for construction of career institutions, public-purpose use with business intention to non-agricultural production and business land
- Converting non-agricultural production and business land not being commercial land to commercial land
How is the land use term upon land repurposing in Vietnam? (Internet image)
Which authority has the power to permit land repurposing in Vietnam?
Pursuant to Clause 2, Article 123 of the Land Law 2024 stipulating the authority to allocate, lease land, and permit land repurposing:
Article 123. Authority to allocate, lease land, permit converting land repurposing
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2. The district-level People's Committee decides to allocate, lease land, and permit land repurposing in the following cases:
a) Allocate, lease land, and permit land repurposing for individuals. In the case of leasing land to individuals and permitting converting the agricultural land use purpose for commercial or service purposes with an area of 0.5 ha or more, prior written approval from the provincial-level People's Committee is required before deciding;
b) Allocate land to community populations.
[...]
Thus, the district-level People's Committee is authorized to permit land repurposing.
In case an individual changes the agricultural land use purpose for commercial or service purposes with an area of 0.5 ha or more, prior written approval from the provincial-level People's Committee is required before making a decision.
