Is there any penalty for voluntarily change land for rice cultivation to land for longan crops in Vietnam?

Is there any penalty for voluntarily change land for rice cultivation to land for longan crops in Vietnam?

Pursuant to Clause 1 Article 57 of the Law on Land in 2013, cases in which change of land use purpose requires permission by competent state agencies:

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

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

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

- Change of agricultural land to non-agricultural land;

- 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;

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

- 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.

As regulations above, you shall obtain permission from competent authorities before change of land for rice cultivation to land for longan crops.

What are the fines for change of land for rice cultivation to land for longan crops with out permission in Vietnam?

Pursuant to Clause 1 Article 9 of the Decree 91/2019/NĐ-CP, conversion of paddy land to land for perennial plants, land for forests (except for cases specified in Clause 7 Article 14 of Decree No. 43/2014/ND-CP and amendments thereto at Clause 11 Article 2 of Decree 01/2017/ND-CP) shall be sanctioned as follows:

- A fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed if area of land illegally repurposed is less than 0.5 hectare;

- A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed if area of land illegally repurposed is from 0.5 hectare to less than 1 hectare;

- A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed if area of land illegally repurposed is from 1 hectare to less than 3 hectare;

- A fine ranging from VND 20,000,000 to VND 50,000,000 shall be imposed if area of land illegally repurposed is 03 hectare or more.

As regulations above, if you change 2 hectares of land for rice cultivation to land for longan crops with out permission, you shall face a fine ranging from VND 10,000,000 to VND 20,000,000.

What documents are included in the application for repurposing of land for rice cultivation to land for longan crops in Vietnam?

Pursuant to Clause 1 Article 6 of the Circular 30/2014/TT-BTNMT, the applicant shall submit a set of application if land repurposing is subject to approval by a competent state authority, including:

- A completed application form for repurposing of land provided in the specimen No. 1 attached hereto;

- Either of the certificate of land use rights, certificate of house ownership and land use rights or the certificate of land use rights, house ownership and other property pertaining to land.

Best regards!