What are cases of change of land use purpose that do not require permission by competent state agencies in Vietnam in 2024?

07 cases of change of land use purpose that require permission by competent state agencies in Vietnam in 2024

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:

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

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

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

4. Change of agricultural land to non-agricultural land;

5. 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;

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

7. 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.

What are cases of change of land use purpose that do not require permission by competent state agencies in Vietnam in 2024? - Source: Internet

What are cases of change of land use purpose that do not require permission by competent state agencies in Vietnam in 2024?

Pursuant to Clause 1 Article 11 of the Circular 02/2015/TT-BTNMT (amended by Clause 2 Article 5 of the Circular 09/2021/TT-BTNMT) stipulating cases of change of land use purpose that do not require permission by competent state agencies as follows:

1. Repurposing of land for annual plant farming land into other types of agriculture land, specifically:

- Land for construction of greenhouses and other housing for crop production;

- Land for construction of housing for livestock, poultry and other lawful animals;

- Land for aquaculture for the purposes of study, research and experimentation;

2. Repurposing into land for farming of other annual plants; repurposing of land for aquaculture into land for perennial plant farming;

3. Repurposing of land for perennial plant farming into land for aquaculture or land for perennial plant farming;

4. Repurposing of residential land into non-agricultural land besides residential land;

5. Repurposing of land for economic/service activities into non-agricultural business land besides land for non-agricultural production facilities; repurposing of non-agricultural business land besides land for economic/service activities and land for non-agricultural production facilities into land for service structure construction.

Note: The following cases of land use change do not require permission from the competent state agency but must be registered for changes.

Which agencies have competence to approve change of land use purpose in Vietnam?

Pursuant to Article 59 of the Law on Land in 2013 stipulating competence to approve change of land use purpose in Vietnam as follows:

Competence to allocate, lease land and approve change of land use purpose

1. Provincial-level People’s Committees may decide on the allocation or lease of land, and permit change of land use purpose in the following cases:

a/ Allocation or lease of land to, and permission for change of land use purpose for, organizations;

b/ Allocation of land to religious institutions;

c/ Allocation of land to overseas Vietnamese or foreign-invested enterprises under Clause 3, Article 55 of this Law;

d/ Lease of land to overseas Vietnamese or foreign-invested enterprises under Points e and f, Clause 3, Article 56 of this Law;

2. District-level People’s Committees may decide on the allocation or lease of land, and permit change of land use purpose in the following cases:

a/ Allocation or lease of land to, and permission of change of land use purpose for, households and individuals. If these subjects wish to lease or use agricultural land with an area of 0.5 ha or more for trading and service purposes, written approval from the provincial-level People’s Committee is required before the district-level People’s Committee makes decision;

b/ Allocation of land to communities.

3. Commune-level People’s Committees may lease land from the agricultural land fund for public purposes in their communes, wards or townships.

4. Agencies having the competence to decide on land allocation or lease and permit change of land use purpose as prescribed in Clauses 1 and 2 of this Article may not delegate their competence.

As regulations above, agencies which have competence to approve change of land use purpose in Vietnam are:

- Provincial-level People’s Committees may decide on change of land use purpose for organizations

- District-level People’s Committees may decide on change of land use purpose for households and individuals

Note: Regarding permission of change of land use purpose for, households and individuals, if these subjects wish to lease or use agricultural land with an area of 0.5 ha or more for trading and service purposes, written approval from the provincial-level People’s Committee is required before the district-level People’s Committee makes decision

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