Order and procedures for permission for change of land use purpose in Vietnam

Order and procedures for permission for change of land use purpose in Vietnam (Internet image)

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

1. Bases for land allocation, land lease and change of land use purpose in Vietnam

According to Article 52 of the Land Law 2013, the bases for land allocation, land lease and change of land use purpose are as follows:

- The annual district-level land use plans which have been approved by competent state agencies.

- Land use demands as indicated in investment project documents or in applications for land allocation, land lease or change of land use purpose.

2. Cases of change of land use purpose in Vietnam

According to Clause 1, Article 57 of the Land Law 2013, 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;

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

- 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.

3. Conditions for change of land use purpose to implement investment projects in Vietnam

Conditions for change of land use purpose to implement investment projects under Article 58 of the Land Law 2013 are as follows:

- For investment projects that use paddy land or land for protection forests or land for special- use forests for other purposes and are other than those to be decided by the National Assembly or approved in principle by the Prime Minister, competent state agencies may only decide on land allocation or land lease or permit change of land use purpose when one of the following documents is available:

+ The written approval by the Prime Minister for change of land use purpose for the paddy land with an area of 10 ha or more, and for protection forest or special-use forest with a land area of 20 ha or more;

+ The resolution of the provincial-level People’s Council for change of land use purpose for the paddy land with an area less than 10 ha, and for protection forest or special-use forest with a land area less than 20 ha.

- For investment projects which use land on islands or in border or coastal communes, wards or townships, competent state agencies may only decide on land allocation, land lease or change of land use purpose upon receiving written approval from related ministries and agencies.

- Those who are allocated land or leased land by the State, or permitted by the State to change land use purpose to implement investment projects must meet the following conditions:

+ Having financial capacity to ensure the land use according to the investment project’s schedule;

+ Paying a deposit in accordance with the investment law;

+ Not violating the land law if they are implementing other projects on the state-allocated or -leased land.

4. Order and procedures for permission for change of land use purpose in Vietnam

Order and procedures for permission for change of land use purpose according to Article 69 of Decree 43/2014/ND-CP are as follows:

- A land user shall submit a written request for change of land use purpose together with the certificate to the natural resources and environment agency.

- The natural resources and environment agency shall appraise the dossier; conduct field verification and appraise the demand for change of land use purpose; guide the land user in fulfilling financial obligations in accordance with law;

Propose the competent People’s Committee to permit the change of land use purpose; and direct the updating and modification of the land database and cadastral records.

An investor that acquires land use rights from a current land user for implementation of an investment project shall carry out procedures for transfer of land use rights concurrently with procedures for permission for change of land use purpose.

- The land user shall fulfill financial obligations under regulations.

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