Authority for land allocation, land leasing, and permit for the change of land use purpose in Vietnam

Authority for land allocation, land leasing, and permit for the change of land use purpose in Vietnam​ (Image from the Internet)

1. Authority for land allocation, land leasing, and permit for the change of land use purpose in Vietnam

The authority to allocate land, lease land, permit change of land use purpose in Vietnam as stipulated in Article 123 of the Land Law 2024 is as follows:

- The provincial People's Committee decides to allocate land, lease land, permit change of land use purpose in the following cases:

+ Allocating land, leasing land, permitting change of land use purpose for domestic organizations;

+ Allocating land, leasing land for religious organizations, subordinate religious organizations;

+ Allocating land, leasing land for Vietnamese residing overseas, economic organizations with foreign investment;

+ Leasing land for foreign organizations having diplomatic functions.

- The district People's Committee decides to allocate land, lease land, permit change of land use purpose in the following cases:

+ Allocating land, leasing land, permitting change of land use purpose for individuals. In cases where individuals rent land, change the purpose of agricultural land to commercial and service purposes with an area of 0.5 hectares or more, a written approval from the provincial People's Committee is required before making a decision;

+ Allocating land to community populations.

- The commune People's Committee leases land from the agricultural land fund used for public purposes of the commune, ward, commune-level town.

- The State authority with the competence to allocate land, lease land, permit change of land use purpose as stipulated in Clauses 1 and 2, Article 123 of the Land Law 2024 is the authority with the competence to decide on adjustment and extension of land use for cases where land users have received decisions to allocate land, lease land, or permit change of land use purpose before the Land Law 2024 comes into effect and cases of land allocation, leasing, permitting change of land use purpose according to the Land Law 2024.

- The State authority stipulated in Clauses 1, 2, and 4, Article 123 of the Land Law 2024 shall not decentralize, shall not authorize.

2. Regulations on change of land use purpose in Vietnam

According to Article 121 of the Land Law 2024 regarding the change of land use purpose in Vietnam:

- Cases requiring permission from competent State authorities to change land use purpose include:

+ Changing rice cultivation land, special-use forest land, protection forest land, production forest land to other land types within the agricultural land group;

+ Changing agricultural land to non-agricultural land;

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

+ Changing non-agricultural land allocated by the State without land levy to other types of non-agricultural land where land levy is collected by the State or land is leased;

+ Changing non-agricultural land that is not homestead land to homestead land;

+ Changing land for constructing career buildings, public-use land with business purposes to non-agricultural production, business land;

+ Changing non-agricultural production, business land that is not commercial land to commercial land.

- When changing land use purpose as stipulated in Clause 1, Article 121 of the Land Law 2024, land users must fulfill financial obligations as prescribed by law; land use policies, rights, and obligations of land users will be applied according to the land type after the use purpose is changed.

- The change of land use purpose not falling within the categories specified in Clause 1, Article 121 of the Land Law 2024 does not require permission from competent State authorities.

For cases where land has origins as homestead land or non-agricultural land with stable long-term use duration as per legal regulations that have been changed to other use purposes and now need to revert to homestead land in accordance with the land use plan, land levy shall not be collected.

- The change of land use purpose as stipulated in Article 121 of the Land Law 2024 is implemented as per Article 124 of the Land Law 2024.

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