Cases of land repurposing requiring permission of competent regulatory agencies in Vietnam as of January 1, 2025

Cases of land repurposing requiring permission of competent regulatory agencies in Vietnam as of January 1, 2025 (Internet image) 

Regarding this matter, LawNet would like to answer as follows: 

1. Cases of land repurposing requiring permission of competent regulatory agencies in Vietnam as of January 1, 2025

Cases of land repurposing requiring permission of competent regulatory agencies in Vietnam include:

- Rice cultivation land, dedicated forest land, protective forest land or production forest land is converted into land of another type included in the category of agricultural land;

- Agricultural land is converted into non-agricultural land;

- Land of other types is converted into land for intensive farming when carrying out large-scale intensive farming projects;

- Non-agricultural land allocated by the State without land levy payment is converted into non-agricultural land of another type allocated by the State with land levy payment or leased out by the State;

- Non-agricultural land not used for the residential purpose is converted into homestead land;

- Land for construction of public works or land used for both public and business purposes is converted into land used for non-agricultural business and production purposes;

- Land used for non-agricultural business and production purposes not used for the commercial purpose is converted into commercial land.

Note: When repurposing land according to the regulations above, the land user must fulfil financial obligations according to regulations of law; land use regulations, rights and obligations of land users applied according to the type of land after being repurposed.

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

2. Cases of land repurposing not requiring permission of competent regulatory agencies in Vietnam as of January 1, 2025

The land repurposing not falling into the cases prescribed in (1) does not require permission of a competent regulatory agency.

In case a land user holding homestead land or non-agricultural land with a long-term stable land use term in accordance with regulations of law that was repurposed wishes to reconvert it to homestead land in accordance with land use planning, he/she is not required to pay land levy.

(Clause 3, Article 121 of the Land Law 2024)

3. Prohibited acts on land according to the Land Law 2024

Prohibited acts on land are stipulated in Article 11 of the Land Law 2024, including:

- Trespass to land, land appropriation and land destruction.

- Violation against regulations of law on state management of land.

- Violation against policies on land for ethnic minorities.

- Abuse of positions and powers to violate regulations of law on land management.

- Failure to provide information or provide incorrect land information, failure to satisfy requirements for time limits as prescribed by law.

- Failure to prevent or handle violations against land laws.

- Failure to comply with the law when exercising rights of land users.

- Use of land and performance of transactions on LURs without registering with competent authorities.

- Failure to perform or incomplete performance of financial obligations to the State.

- Creation of obstructions or difficulties for the land use or the exercise of land users' rights according to provisions of law.

- Gender discrimination in land management and use.

4. Land use principles in Vietnam according to the Land Law 2024

- Use land for the intended purposes.

- Sustainably, economically and effectively use land and resources on the surface and underground.

- Protect land and environment, adapt to climate change, do not abuse pesticides or chemical fertilizers to pollute and degrade land.

- Exercise land users’ rights and perform land users’ obligations within the land use terms prescribed in the Land Law 2024 and other provisions of relevant laws; do not violate legitimate rights and interests of adjacent and surrounding land users.

(Article 5 of the Land Law 2024)

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