Procedures for converting residential land to commercial and service land in Vietnam

Procedures for converting residential land to commercial and service land in Vietnam - Image from Internet

As prescribed in the Law on Land in 2013, residential land includes rural residential land and urban residential land; land for trading and service is included in land for non-agricultural production and business. They are all non-agricultural land.

According to Circular 33/2017/TT-BTNMT, the following cases of land use conversion do not require permission from the competent authority but must be registered as changes, including:

- Conversion of annual cropland to other agricultural land, including: land used to build greenhouses and other types of houses for agricultural purposes; land for the construction of livestock pens, poultry and other animals allowed by law; aquaculture for educational, research and experimental purposes;

- Conversion of other annual cropland, aquaculture land to perennial crops;

- Conversion of perennial crops to aquaculture, annual cropland;

- Conversion of residential land to non-residential land;

- Conversion of commercial and service land to non-agricultural production and business land that is not commercial and service land; conversion of non-agricultural production and business land that is not commercial and service land or industrial land to land for the construction of public works.

Therefore: Based on the regulations cited above, the case of land use conversion from residential land to non-residential land that is not residential land does not require permission from the competent authority but must be registered as changes in accordance with the law.

Therefore: For the case that you have a piece of residential land near the national highway, now you want to convert to commercial and service land for business, you do not need to seek permission from the competent authority.

However, you need to carry out the land registration change procedures according to the law.

The land registration change procedures are as follows:

Step 1: Prepare the documents

You need to prepare the land registration change dossier, including the following documents:

- Land registration change application form;

- Land use right certificate.

Step 2: Submit the documents

You submit 01 set of land registration change documents at the Land Registration Office or at the People's Committee of the commune where the land is located.

Step 3: Receive and process the documents

- The Land Registration Office (or the People's Committee of the commune) is responsible for receiving the land registration change dossier.

In case the dossier is incomplete or invalid, within a maximum of 03 days, the Land Registration Office will notify and guide you to submit additional documents to complete the dossier according to regulations.

- The Land Registration Office is responsible for checking the dossier; verifying the land in case necessary; confirming the registration form; confirming the land use in the land use certificate; adjusting and updating changes to the land records, land database (if any);

Step 4: Issue the land use certificate

The Land Registration Office will issue the land use certificate to you or send it to the People's Committee of the commune to exchange in case you submit the dossier at the commune level.

Best regards!