Permission to Construct Workshops on Homestead Land

At Article 11 of Circular 02/2015/TT-BTNMT, cases of land use change that do not require permission from competent state agencies but need to register for changes include:

- Converting annual crop land to construction of livestock, poultry, and other legally permitted animal farming facilities;

- Converting homestead land to non-agricultural land that is not homestead land.=> Therefore, your case does not require permission from competent state agencies, but you must register for changes in land use to build a factory on your homestead land.

In Clauses 2 and 3, Article 11 of Circular 02/2015/TT-BTNMT, the procedures for land use change registration without needing permission from competent state authorities are prescribed as follows:

Land users who need to change the land use purpose shall submit 01 set of documents, including:

- The application for registration of land and land-attached asset changes according to Form No. 09/DK issued together with Circular No. 24/2014/TT-BTNMT;

- The land use right certificate; the land use right, house ownership, and other land-attached assets certificate; the house ownership and homestead land use right certificate (hereinafter collectively referred to as the Certificate).

The procedure for land use change registration without needing permission from competent state agencies includes:

- The land user submits the documents at the document receiving place as prescribed in Clauses 2, 3, 4, and 5, Article 60 of Decree No. 43/2014/ND-CP;

- The land registration office is responsible for verifying the documents; conducting on-site verification if necessary; confirming in the Application for registration; confirming the land use purpose in the Certificate; adjusting and updating changes in the cadastral records, land database (if any); delivering the Certificate to the grantee or sending it to the commune-level People’s Committee for liaising with cases of document submission at the commune level.

The editorial board responds with the information to you.