What are the cases of land repurposing in Vietnam?

According to Clause 1, Article 57 of the 2013 Land Law, cases of land repurposing that require permission from the competent state authority include:

*" a) Conversion of rice cultivation land to land for perennial crops, forest land, aquaculture land, salt production land;

• b) Conversion of land for other annual crops to land for saltwater aquaculture, salt production land, aquaculture land in the form of ponds, lakes, or lagoons;
• c) Conversion of special-use forest land, protective forest land, productive forest land to other purposes within the group of agricultural land;
• d) Conversion of agricultural land to non-agricultural land;
• dd) Conversion of non-agricultural land allocated by the State without land levy to non-agricultural land allocated by the State with land levy or leased land;
• e) Conversion of non-agricultural land not being homestead land to homestead land;
• g) Conversion of land for construction of career works, public land used for business purposes, non-agricultural production, and business land not being commercial land to commercial land; conversion of commercial land, land for construction of career works to non-agricultural production establishment land."*

Furthermore, in Article 11 of Circular 02/2015/TT-BTNMT, it is stipulated that cases of land repurposing that do not require permission from the competent state authority but must be registered for changes include:

*"a) Conversion of land for annual crops to land for constructing livestock and poultry farms and other animals permitted by law;

• b) Conversion of homestead land to non-agricultural land that is not homestead land."*

Thus, you have the right to change the land use purpose from rice cultivation land to fruit tree cultivation (perennial crops); however, you must obtain permission from the competent state authority.

The dossier for registration to change the land use purpose includes:

- Application for land repurposing;

- Certificate of land use rights or one of the types of documents regarding land use rights (if any), such as:

- Documents on the right to use the land before October 15, 1993, issued by competent authorities during the implementation of land policies of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of Southern Vietnam, and the Socialist Republic of Vietnam;

- Temporary certificate of land use rights issued by competent state authorities or listed in the land register, cadastral register;

- Legal documents of inheritance, donation of land use rights or property attached to the land; documents of the allocation of gratitude houses attached to the land;

- Documents on the transfer of land use rights, the purchase and sale of houses attached to the land before October 15, 1993, now confirmed by the People's Committee of the commune, ward, or town as having been used before October 15, 1993;

- Documents on the liquidation and valuation of houses attached to homestead land according to legal regulations;

- Documents issued by competent authorities under former policies to land users;

- ...

The dossier is submitted to: Department of Natural Resources and Environment

When converting the land use purpose, the land user must fulfill financial obligations according to legal regulations; land use policies, rights, and obligations of the land user will apply according to the type of land after the purpose has been changed.

For more regulations on the land repurposing in Vietnam, refer to:

- 2013 Land Law;

- Decree No. 43/2014/ND-CP;

- Circular No. 30/2014/TT-BTNMT.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE