Procedures for approving the change of land use purpose under the Land Law 2024 in Vietnam

Procedures for approving the change of land use purpose under the Land Law 2024 in Vietnam​ (Image from the internet)

Regarding this matter, LawNet clarifies as follows:

Cases requiring permission for land use purpose conversion in Vietnam

Cases requiring permission from a competent state authority for land use purpose conversion include:

- Conversion of rice cultivation land, special-use forest land, protection forest land, and production forest land to other types of agricultural land;

- Conversion of agricultural land to non-agricultural land;

- Conversion of other types of land to concentrated livestock land when implementing large-scale concentrated livestock projects;

- Conversion of non-agricultural land allocated by the state without land levy to other non-agricultural land allocated by the state with land levy or for lease;

- Conversion of non-agricultural land not used as homestead land to homestead land;

- Conversion of land used for constructing non-business facilities, and land used for public purposes with business aims to non-agricultural production and business land;

- Conversion of non-agricultural production and business land not used for commercial purposes to commercial land.

When converting land use purposes as stipulated above, the land user must fulfill financial obligations as prescribed by law; the policies on land use, rights, and obligations of the land user will be applied according to the type of land after conversion.

(Clauses 1 and 2, Article 121 of the Land Law 2024)

Procedures for land use purpose conversion according to the Land Law 2024 in Vietnam

The cases requiring permission from a competent state authority for land use purpose conversion are carried out according to the following order and procedures:

- The land user submits the application for land use purpose conversion as required.

- The land management authority checks the conditions for land use purpose conversion. In case the application does not meet the requirements, the authority guides the land user to supplement the application and resubmit it.

- The land management authority has the following responsibilities:

+ For cases where land price from the land price list is applied to calculate land levy, land rent, the land management authority prepares the documents for submission to the competent People's Committee to issue a decision permitting land use purpose conversion, land allocation, or land lease;

+ For cases where specific land price is determined to calculate land levy, land rent, the land management authority prepares the documents for submission to the competent People's Committee to issue a decision permitting land use purpose conversion, land allocation, or land lease; organizes the determination of land price, and submits it for approval to the competent authority to calculate land levy, land rent.

- The land user pays land levy, land rent as prescribed by law; in case of land levy, land rent reduction, the land levy, land rent collection authority implements the reduction for the land user.

- The land management authority signs the land lease contract in cases where the state leases the land; transfers the documents to the land registration organization or its branch to register, issue the Certificate of land use rights, ownership of assets attached to land, update and amend the land database, cadastral records, and hand over the Certificate of land use rights, ownership of assets attached to land to the land user.

- For cases of receiving land use rights transfer and converting land use purpose, the procedure for registering land use rights transfer is carried out simultaneously with the procedure for land use purpose conversion as prescribed.

(Article 227 of the Land Law 2024)

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