What is included in the template for application for land repurposing in Vietnam? When is it not necessary to obtain permission from the competent regulatory agency for land repurposing in Vietnam?

What is included in the template for application for land repurposing in Vietnam?

The template for application for land repurposing is stipulated in Form No. 01 of the Circular 11/2022/TT-BTNMT.

Please see more details and download the template here.

What is included in the template for application for land repurposing in Vietnam? When is it not necessary to obtain permission from the competent regulatory agency for land repurposing in Vietnam? - image from internet

What is land repurposing according to the law in Vietnam?

Pursuant to Clause 11 Article 3 of the Law on Land in 2024 stipulating land repurposing:

Definitions

For the purposes of this Law, the terms below shall be construed as follows:

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11. “land repurposing” means that a land user is permitted to change from one purpose to another under this Law.

12. “disposition of land-use right" means the transfer of land use rights from one person to another through exchange, conveyance, inheritance, donation of land use rights, and capital contribution with land use rights.

13. “Population” is a community of Vietnamese people living in the same village or neighborhood or similar residential area with the same customs, practices or family lineage in the territory of the Socialist Republic of Vietnam.

14. “national land database” means a collection of land-related databases containing data which is arranged and organized to serve the access thereto, use, share, management and update thereof through electronic means.

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As regulated above, land repurposing means that a land user is permitted to change from one purpose to another.

When is it not necessary to obtain permission from the competent regulatory agency for land repurposing in Vietnam?

Pursuant to Article 121 of the Law on Land in 2024 stipulating land repurposing:

Land repurposing

1. Cases of land repurposing requiring permission of competent regulatory agencies include:

a) Rice cultivation land, dedicated forest land, protective forest land or production forest land is converted into land of another type included in the category of agricultural land;

b) Agricultural land is converted into non-agricultural land;

c) Land of other types is converted into land for intensive farming when carrying out large-scale intensive farming projects;

d) Non-agricultural land allocated by the State without land levy payment is converted into non-agricultural land of another type allocated by the State with land levy payment or leased out by the State;

dd) Non-agricultural land not used for the residential purpose is converted into homestead land;

e) Land for construction of public works or land used for both public and business purposes is converted into land used for non-agricultural business and production purposes;

g) Land used for non-agricultural business and production purposes not used for the commercial purpose is converted into commercial land.

2. When repurposing land according to the regulations in clause 1 of this Article, the land user must fulfil financial obligations according to regulations of law; land use regulations, rights and obligations of land users applied according to the type of land after being repurposed.

3. The land repurposing not falling into the cases prescribed in clause 1 of this Article does not require permission of a competent regulatory agency.

In case a land user holding homestead land or non-agricultural land with a long-term stable land use term in accordance with regulations of law that was repurposed wishes to reconvert it to homestead land in accordance with land use planning, he/she is not required to pay land levy.

4. The land repurposing prescribed in this Article shall comply with Article 124 of this Law.

As regulated above, the land repurposing not falling into the following cases does not require permission of a competent regulatory agency:

- Rice cultivation land, dedicated forest land, protective forest land or production forest land is converted into land of another type included in the category of agricultural land;

- Agricultural land is converted into non-agricultural land;

- Land of other types is converted into land for intensive farming when carrying out large-scale intensive farming projects;

- Non-agricultural land allocated by the State without land levy payment is converted into non-agricultural land of another type allocated by the State with land levy payment or leased out by the State;

- Non-agricultural land not used for the residential purpose is converted into homestead land;

- Land for construction of public works or land used for both public and business purposes is converted into land used for non-agricultural business and production purposes;

- Land used for non-agricultural business and production purposes not used for the commercial purpose is converted into commercial land.