Land use term upon change, transfer of land use purpose in Vietnam

Land use term upon change, transfer of land use purpose in Vietnam (Internet image)

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

1. Land use term upon change of land use purpose in Vietnam

Land use term upon change of land use purpose according to Article 127 of the Land Law 2013 is as follows:

- The land use term for households and individuals upon change of land use purpose is prescribed as follows:

+ In case the land use purpose is changed from land for protective forest or special-use forest to land for other purposes, the term shall be determined on the basis of the land type of the new purpose. The land use term shall be calculated from the time of the decision on approval;

+ In case the land use purpose is changed from land for rice cultivation, other annual crops, perennial crops, production forest, aquaculture or salt production to land for protective forest or special-use forest, households or individuals may use the land for a stable and long term;

+ In case the land use purpose is changed among land categories including land for other annual crops, perennial crops, production forests, aquaculture or salt production, households and individuals may continue using such land for the determined land use term.

At the expiry of the term, if the land users still have land use needs, the State shall consider an extension which must not exceed the term prescribed in Clause 1, Article 126 of the Land Law 2013;

+ In case the land use purpose is changed from agricultural purpose to non-agricultural purpose, the land use term shall be determined on the basis of the land type of the new purpose. The new land use term shall be calculated from the time of the decision on approval;

+ In case the land use purpose is changed from non-agricultural land with long and stable land use term to non-agricultural land with limited land use term or from non-agricultural land with limited land use term to non-agricultural land with long and stable land use term, households and individuals may use the land for a long and stable term.

- For organizations, overseas Vietnamese or foreign-invested enterprises implementing investment projects outside industrial parks, industrial clusters, export processing zones or hi- tech zones, when the land use purpose is changed, the land use term shall be determined on the basis of the investment project as prescribed in Clause 3, Article 126 of the Land Law 2013.

- Economic organizations that change the land use purpose from non-agricultural land with long and stable land use term to non-agricultural land with limited land use term or from non- agricultural land with limited land use term to non-agricultural land with long and stable land use term, may use the land for a long and stable term.

2. Land use term in case of transfer of land use rights in Vietnam

Land use term in case of transfer of land use rights under Article 128 of the Land Law 2013 is as follows:

- The land use term in case of transfer of land use rights for the land with definite land use term is the remaining period of the land use term defined prior to the transfer of land use rights.

- People who acquire land use rights for the land with a long and stable land use term may use the land for a long and stable term.

3. Regulations on change of land use purpose in Vietnam

Regulations on change of land use purpose under Article 57 of the Land Law 2013 are as follows:

- Cases in which change of land use purpose requires permission by competent state agencies:

+ Change of land for rice cultivation to land for perennial crops, forests, aquaculture or salt production;

+ Change of land for other annual crops to land for saltwater aquaculture, salt production or aquaculture in ponds, lakes or marshlands;

+ Change of land for special-use forests, protection forests or production forests to land for other purposes within the type of agricultural land;

+ Change of agricultural land to non-agricultural land;

+ Change of non-agricultural land which is allocated by the State without land use levy to non-agricultural land which is allocated by the State with land use levy, or to leased land;

f/ Change of non-agricultural land which is not residential land to residential land;

g/ Change of land for construction of non-business facilities or land for public purposes involving commercial purpose, or non-agricultural land for business and production purposes which is not land for trading or services to land for trading or services; change of land for trading or services or land for construction of non-commercial facilities to land for non-agricultural production establishments.

2. When changing the land use purpose under Clause 1 of this Article, land users shall fulfill financial obligations as prescribed by law. The land use regime and the rights and obligations of land users are those applicable to the type of the land used for the new purpose.

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