What are 7 cases requiring permission for land repurposing in Vietnam?

What are 7 cases requiring permission for land repurposing in Vietnam?

Based on Article 121 of the Land Law 2024, there are 7 cases requiring permission for land repurposing in Vietnam, including:

[1] Conversion of rice cultivation land, special-use forest land, protective forest land, production forest land to another type within the group of agricultural land.

[2] Conversion of agricultural land to non-agricultural land.

[3] Conversion of other land types to concentrated livestock land when carrying out large-scale intensive livestock projects.

[4] Conversion of non-agricultural land allocated by the State without land levy to another type of non-agricultural land allocated by the State with land levy or for lease.

[5] Conversion of non-agricultural land that is not homestead land to homestead land.

[6] Conversion of land for construction of career infrastructure, land used for public purposes with a business objective to production, and non-agricultural business land.

[7] Conversion of production, non-agricultural business land that is not commercial land to commercial land.

What are 7 cases requiring permission for land repurposing in Vietnam? (Image from the Internet)

What are cases where the provincial-level People's Committee has authority to grant permission for land repurposing in Vietnam?

Based on Article 123 of the Land Law 2024 which regulates the authority to allocate land, lease out land or grant permission for land repurposing in Vietnam:

Article 123. Authority to allocate land, lease out land or grant permission for land repurposing

1. The provincial-level People's Committee decides on the allocation of land, lease of land, and permission for land repurposing in the following cases:

a) Allocation of land, lease of land, and permission for land repurposing for domestic organizations;

b) Allocation of land, lease of land for religious organizations, dependent religious organizations;

c) Allocation of land, lease of land for overseas Vietnamese, economic organizations with foreign investment capital;

d) Lease of land for foreign organizations with diplomatic functions.

2. The district-level People's Committee decides on the allocation of land, lease of land, and permission for land repurposing in the following cases:

a) Allocation of land, lease of land, and permission for land repurposing for individuals. In cases where leasing land to individuals or permitting the change of land use purpose of agricultural land for commercial and service purposes with an area of 0.5 ha or more, a written approval from the provincial-level People's Committee is required before deciding;

b) Allocation of land to the community.

[...]

Based on the above regulation, the provincial-level People's Committee permits the change of land use purpose for domestic organizations.

What are requirements for persons eligible to be allocated land, leased out land or permitted to repurpose land by the State for carrying out investment projects in Vietnam?

Based on Article 112 of the Land Law 2024 regulating requirements for land allocation, land lease, permission for land repurposing in Vietnam:

Article 122. Requirements for land allocation, land lease, permission for land repurposing

1. The competent state authority is only allowed to decide on the allocation of land, lease of land, and permission to change the use of rice cultivation land, special-use forest land, protective forest land, production forest land to another purpose after obtaining a Resolution from the provincial People's Council and meeting the basis prescribed in Article 116 of this Law, except for projects under the authority of the National Assembly, the Prime Minister's approval, and investment policy decisions according to the Investment Law, the Public Investment Law, the Law on Investment in the form of public-private partnership, the Petroleum Law; the provincial People's Council's approval, and investment policy decisions according to the Public Investment Law, the Law on Investment in the form of public-private partnerships.

The conversion of rice cultivation land, special-use forest land, protective forest land, production forest land to another purpose must comply with the criteria and conditions stipulated by the Government of Vietnam.

2. Individuals permitted by the State to change the land use purpose to carry out investment projects must satisfy the following conditions:

a) Provide a deposit or other guarantee forms as prescribed by investment law;

b) Possess financial capacity to ensure land use according to the project's schedule and other conditions as prescribed by relevant law;

[...]

Thus, individuals granted permission by the state for land repurposing for investment projects must meet the following conditions:

- Provide a deposit or other guarantee forms as prescribed by investment law

- Possess financial capacity to ensure land use according to the project's schedule and other conditions as prescribed by relevant law

- Not violate land law regulations or have violated land law regulations but have complied with enforceable decisions and judgments at the time of requesting land allocation, land lease, or permission to change land use purpose.

The determination of land users' violation of land law regulations applies to all parcels currently in use nationwide.