Which authority has the power to grant permission for land repurposing in Vietnam?
Which authority has the power to grant permission for land repurposing in Vietnam?
Based on Article 123 of the Land Law 2024 regarding 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 People's Committee decides to allocate land, lease land, and grant permission for land repurposing in the following cases:
a) Allocating land, leasing land, grant permission forting land repurposing for domestic organizations;
b) Allocating land, leasing land for religious organizations and subordinate religious organizations;
c) Allocating land, leasing land for overseas Vietnamese, and economic organizations with foreign investment;
d) Leasing land to foreign organizations with diplomatic functions.
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Thus, the agency that decides on grant permission forting land repurposing is regulated as follows:
- The provincial People's Committee grant permission fors land repurposing for domestic organizations.
- The district-level People's Committee grant permission fors land repurposing for individuals. In cases where individuals are allowed to convert agricultural land for commercial and service purposes with an area of 0.5 hectares or more, written approval from the provincial People's Committee is required before making a decision.
Which authority has the power to grant permission for land repurposing in Vietnam? (Image from the Internet)
What are requirements for granting permission for land repurposing for carrying out investment projects on construction of commercial housing in Vietnam?
According to Clause 3, Article 122 of the Land Law 2024 regarding the requirements for land allocation, land lease, permission for land repurposing in Vietnam:
Article 122. Requirements for land allocation, land lease, permission for land repurposing
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3. In order to be permitted to repurpose land for carrying out investment projects on construction of commercial housing, the following requirements must be satisfied:
a) The requirements specified in clause 2 of this Article;
b) Person eligible to be permitted to repurpose land must have LURs of homestead land or homestead land and other land;
c) The land repurposing must be in accordance with the land use planning, land use plans, construction planning, urban planning, programs or plans for development of local housing, and the land must not be subject to land expropriation for the national defense or security purpose, land expropriation for social-economic development in the national or public interest prescribed in Article 78 and Article 79 of this Law;
d) There is a written approval for both the investment guidelines and investor of a competent authority according to investment laws.
Thus, in order to be permitted to repurpose land for carrying out investment projects on construction of commercial housing, the following requirements must be satisfied:
- He/she must pay a deposit or other securities according to investment laws;
- He/she must have financial capacity to ensure the land use according to the schedule of the investment project and other requirements in accordance with relevant laws;
- He/she must not violate land laws. If violating land laws, he/she must have completely abided by the effective decision or judgment of a competent authority at the time of applying for land allocation, land lease or land repurposing. The scope of determination of the land user violating land laws shall be all land parcels that he/she is using nationwide.
- Person eligible to be permitted to repurpose land must have LURs of homestead land or homestead land and other land;
- The land repurposing must be in accordance with the land use planning, land use plans, construction planning, urban planning, programs or plans for development of local housing, and the land must not be subject to land expropriation for the national defense or security purpose, land expropriation for social-economic development in the national or public interest prescribed in Article 78 and Article 79 of this Law;
- There is a written approval for both the investment guidelines and investor of a competent authority according to investment laws.
What are land-related prohibited acts in Vietnam?
Based on Article 11 of the Land Law 2024 regulating land-related prohibited acts in Vietnam
- Encroaching, occupying, and destructing land.
- Violating state management regulations on land.
- Violating land policies concerning ethnic minorities.
- Abusing positions and powers to violate legal regulations on land management.
- Failing to provide information or providing inaccurate land information, failing to meet the deadline requirements as prescribed by law.
- Failing to prevent or handle violations of land law.
- Failing to conform to the law when exercising the rights of land users.
- Using land, conducting transactions regarding land use rights without registration with competent authorities.
- Failing to fulfill or inadequately fulfilling financial obligations to the State.
- Obstructing or causing difficulties for land use and the exercise of land user rights as prescribed by law.
- Discrimination based on gender in land management and usage.
