Cases of changing land use purpose without needing permission in Vietnam

According to the provisions of Clause 1, Article 12 of Vietnam's Circular 33/2017/TT-BTNMT, the cases of change of land use purpose do not require permission from the competent state agency but must register the change, including:

- Converting annual crops to other agricultural land, including: land used to build greenhouses and other houses for cultivation purposes; land for the construction of barns for raising cattle, poultry, and other animals permitted by law; aquaculture for the purpose of study, research, and experiment;

- Changing land for planting other annual crops and aquaculture land for perennial crops;

- Converting land for growing perennial crops to land for aquaculture or annual crops;

- Converting residential land to non-agricultural land that is not residential land;

- Converting commercial or service land to non-agricultural production and business land that is not commercial or service land; converting non-agricultural production and business land that is not commercial land, service land, or non-agricultural production establishment land to land for construction of non-business works.

A land user who wishes to change the purpose of land use must submit one set of documents, which includes: an application for registration of changes in land and land-attached assets made in accordance with Form No. 09/DK issued with Circular 24/2014./TT-BTNMT; certificates of land use rights, ownership of houses and other land-attached assets; and a certificate of house ownership and residential land use rights.

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Cases of changing land use purpose without needing permission in Vietnam (Artwork)

The order and procedures for registration of land use purpose changes without permission from competent state agencies are guided by Article 11 of Vietnam's Circular 02/2015/TT-BTNMT, specifically as follows:

- The land user shall submit the application dossier at the application-receiving place specified in Clauses 2, 3, 4, and 5, Article 60 of Decree 43/2014/ND-CP;

- The land registration office is responsible for: checking the dossier; field verification in case of necessity; confirmation on the Application Form; confirming the land use purpose in the Certificate; adjusting and updating changes in the cadastral records and land database (if any); handing the certificate to the grantee or sending it to the commune-level People's Committee to discuss the case of filing at the commune level.

If permission is required, the order and procedures for permitting the change of land use purpose are guided by Article 69 of Decree 43/2014/ND-CP, whereby:

- The land user submits an application for permission to change the land use purpose together with the certificate to the natural resources and environment agency;

- The natural resources and environment agency is responsible for verifying the dossier; field verification; assessment of the need to change the land use purpose; guide land users to fulfill their financial obligations as prescribed by law. submit it to the People's Committee at the competent level for decision permitting the change of land use purpose; directing the maintenance and correction of land databases and cadastral records

- In case the investor receives the transfer of the land use right from the current land user to implement the investment project, the procedures for the transfer of land use rights concurrently with the procedures for permitting the change of land use purpose shall be carried out. At the same time, land users fulfill financial obligations as prescribed.

Note: In the case of a change of land use purpose requiring permission, the subject of the change of land use purpose must pay the use levy as detailed in Clause 2, Article 57 of Vietnam's Land Law 2013; in the case of a change of purpose without permission from the state agency, the land user shall fulfill the financial obligations as prescribed in Clause 3, Article 69 of Decree 43/2014/ND-CP.

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