Is Registration of Land Use Conversion Required?
Change of Land Use Purpose: Is Registration of Changes Required? When Does the Provincial People's Committee Decide to Permit a Change in Land Use Purpose?
Is Land Use Conversion Required to Register Land Changes?
Pursuant to Clause 1, Article 133 of the Land Law 2024, regulations on registration of changes are stipulated as follows:
Article 133. Registration of Changes
- Registration of changes is carried out for cases where a Certificate of Land Use Rights or a Certificate of House Ownership and Residential Land Use Rights or a Certificate of House Ownership or a Certificate of Construction Ownership or a Certificate of Land Use Rights, House Ownership and Other Assets Attached to Land or a Certificate of Land Use Rights, Ownership of Assets Attached to Land has been issued and there are the following changes:
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e) Land use conversion stipulated in Clause 1, Article 121 of this Law; the case stipulated in Clause 3, Article 121 of this Law where the land user has the demand to register changes;
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According to the above regulations, land users must register changes in the following cases of land use conversion:
- Conversion from rice cultivation land, special-use forest land, protective forest land, and production forest land to other types of land within the agricultural land group- Conversion from agricultural land to non-agricultural land- Conversion from other types of land to centralized livestock land when implementing large-scale centralized livestock projects- Conversion from non-agricultural land allocated by the State without land levy to other non-agricultural land allocated by the State with land levy or for lease- Conversion from non-agricultural land that is not residential land to residential land- Conversion from land for the construction of non-business works, public land for business purposes to non-agricultural production and business land- Conversion from non-commercial production and business land to commercial land
Additionally, if not falling under the above cases and without requiring approval from the competent State authority, the land user may register changes upon request.
Is Land Use Conversion Required to Register Land Changes? (Image from the Internet)
When Does the Provincial People's Committee Decide to Permit Land Use Conversion?
Pursuant to Article 123 of the Land Law 2024, regulations on the authority to allocate land, lease land, and permit land use changes are stipulated as follows:
Article 123. Authority to Allocate Land, Lease Land, Permit Land Use Conversion
- The Provincial People's Committee decides to allocate land, lease land, and permit land use conversion in the following cases:
a) Allocating land, leasing land, and permitting land use conversion for domestic organizations;
b) Allocating land and leasing land for religious organizations, affiliated religious organizations;
c) Allocating land, leasing land for overseas Vietnamese, economic organizations with foreign investment;
d) Leasing land for foreign organizations with diplomatic functions.
- The District People's Committee decides to allocate land, lease land, and permit land use conversion in the following cases:
a) Allocating land, leasing land, and permitting land use conversion for individuals. In cases where leases are granted for individuals to convert agricultural land for commercial, service purposes with an area of 0.5 hectares or more, it must have written approval from the Provincial People's Committee before deciding;
b) Allocating land to community residents.
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According to the above regulations, the Provincial People's Committee decides to permit land use conversion for domestic organizations.
Latest Application Form for Land Change Registration in 2024 and Instructions?
Based on Form No. 11/DK issued together with Decree 101/2024/ND-CP that stipulates the application form for land change registration as follows:
Download the latest land change registration application form for 2024
Instructions on how to fill out the 2024 land change registration application:
(1) For households, individuals, community residents, and overseas Vietnamese, write “Land Registration Office/Branch Land Registration Office... (insert location)”. For domestic organizations, religious organizations, affiliated religious organizations, economic organizations with foreign investment, foreign organizations with diplomatic functions, and foreign individuals, write “Land Registration Office...” where the land is located.
(2) Fill in the information as on the issued certificate. In cases of transfer of land use rights or ownership of assets attached to the land, fill in the recipient's information.
(3) Fill in the information as on the issued certificate. If the certificate is lost and the certificate holder does not have details about the issued certificate, do not fill in this section; the administrative agency will verify cadastral records and land databases to determine the required information, where essential information includes data points 2.1 and 2.3.
(4) Write the content of the change, such as “receiving transfer, receiving gifts ...., reissuing Certificate due to loss, changing Certificate ...”.
(5) List the types of documents submitted along with this form.
