What are cases in which changing the land use purpose is not permitted without authorization in Vietnam? What are the fines for unauthorized change of the land use purpose of rice cultivation land in Vietnam?
What are cases in which changing the land use purpose is not permitted without authorization in Vietnam?
Based on Article 121 of the Land Law 2024 regulating the change of land use purpose:
Article 121. Change of Land Use Purpose
- Cases where the change of land use purpose requires permission from competent state agencies include:
a) Changing rice cultivation land, special-use forest land, protection forest land, production forest land to other types of land within the agricultural land group;
b) Changing agricultural land to non-agricultural land;
c) Changing other types of land to concentrated livestock farming land when implementing a large-scale concentrated livestock farming project;
[…]
The following cases cannot change the land use purpose arbitrarily and must have permission from a competent state agency:
- Changing rice cultivation land, special-use forest land, protection forest land, production forest land to other types of land within the agricultural land group
- Changing agricultural land to non-agricultural land
- Changing other types of land to concentrated livestock farming land when implementing a large-scale concentrated livestock farming project
- Changing 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 land lease
- Changing non-agricultural land that is not homestead land to homestead land
- Changing land for construction of public works, land used for public purposes with business purpose to non-agricultural production, and business land
- Changing non-agricultural production, business land that is not commercial land to commercial land
What are cases in which changing the land use purpose is not permitted without authorization in Vietnam? What are the fines for unauthorized change of the land use purpose of rice cultivation land in Vietnam? (Image from the Internet)
What are the fines for unauthorized change of the land use purpose of rice cultivation land in Vietnam?
Based on Article 8 of Decree 123/2024/ND-CP regulating the use of rice cultivation land for other purposes without permission from competent state agencies:
Article 8. Using Rice Cultivation Land for Other Purposes Without Permission from Competent State Agencies
- The act of changing rice cultivation land to other types of land within the agricultural land group shall be subject to the following penalties:
a) A fine ranging from 2,000,000 VND to 3,000,000 VND for land area under 0.5 hectares;
b) A fine ranging from 3,000,000 VND to 5,000,000 VND for land area from 0.5 hectares to under 1 hectare;
c) A fine ranging from 5,000,000 VND to 10,000,000 VND for land area from 1 hectare to under 3 hectares;
d) A fine ranging from 10,000,000 VND to 30,000,000 VND for land area from 3 hectares or more.
[....]
According to the above regulations, those who arbitrarily change the use purpose of rice cultivation land will be fined as follows:
[1] Changing rice cultivation land to other land types within the agricultural land group
| Land Area | Fine |
|---|---|
| Under 0.5 hectares | 2 - 3 million VND |
| From 0.5 hectares to under 1 hectare | 3 - 5 million VND |
| From 1 hectare to under 3 hectares | 5 - 10 million VND |
| From 3 hectares or more | 10 - 30 million VND |
[2] Changing rice cultivation land to non-agricultural land (not homestead land) within the administrative boundaries of a commune
| Land Area | Fine |
|---|---|
| Under 0.05 hectares | 3 - 5 million VND |
| From 0.05 hectares to under 0.1 hectares | 5 - 10 million VND |
| From 0.1 hectares to under 0.5 hectares | 10 - 20 million VND |
| From 0.5 hectares to under 1 hectare | 20 - 50 million VND |
| From 1 hectare to under 2 hectares | 50 - 100 million VND |
| From 2 hectares or more | 100 - 150 million VND |
[3] Changing rice cultivation land to homestead land within the administrative boundaries of a commune
| Land Area | Fine |
|---|---|
| Under 0.01 hectares | 20 - 30 million VND |
| From 0.01 hectares to under 0.3 hectares | 30 - 50 million VND |
| From 0.03 hectares to under 0.05 hectares | 50 - 100 million VND |
| From 0.05 hectares to under 0.1 hectares | 100 - 150 million VND |
| From 1 hectare or more | 150 - 200 million VND |
Note: The act of changing rice cultivation land to non-agricultural land within the administrative boundaries of a ward or commune-level town will be subject to penalties twice the corresponding fine.
Additionally, the following remedial measures are applied:
- Must restore the original state of the land before the violation, except in the following cases:
+ If the land user is using the land stably and meets the district-level land use planning or general planning, sub-zone planning, construction planning, or rural planning, they may be considered for the issuance of a Land Use Right Certificate, ownership of assets attached to land, and must fulfill financial obligations as prescribed by the law.
+ If not falling into the above case, the land user is temporarily allowed to use until the State retrieves the land, but must maintain the current land use status and declare and register land use rights as prescribed.
- Must return any illegal benefits gained from the violation.
Which authority in Vietnam decides on allowing the change of land use purpose?
Based on Article 123 of the Land Law 2024 regulating the authority for land allocation, land lease, and allowing the change of land use purpose:
Article 123. Authority for Land Allocation, Land Lease, and Allowing Change of Land Use Purpose
- The provincial People's Committee decides on land allocation, land lease, and allowing the change of land use purpose in the following cases:
a) Allocating land, leasing land, and allowing change of land use purpose for domestic organizations;
b) Allocating land, leasing land for religious organizations, affiliated religious organizations;
c) Allocating land, leasing land to overseas Vietnamese, economic organizations with foreign investment;
d) Leasing land to foreign organizations with diplomatic functions.
[...]
Therefore, the authority to permit the change of land use purpose is regulated as follows:
- The provincial People's Committee permits the change of land use purpose for domestic organizations.
- The district-level People's Committee permits the change of land use purpose for individuals. In cases where individuals change the use purpose of agricultural land for commercial or service purposes with an area of 0.5 hectares or more, there must be written approval from the provincial People's Committee before making a decision.
