In the field of land management and use, the conversion of land use purposes is a complex and important process. Typically, this requires individuals or entities to obtain permission from competent state authorities. However, there are cases where land use purpose conversion does not require such permission. This article, Apolo Lawyers will delve into the specific cases and regulations related to land use purpose conversion that do not require approval, while also analyzing the legal and practical factors concerning land management and use in Vietnam. In case you need advice, please contact Apolo Lawyers via email at contact@apolo.com.vn or Hotline - (+84) 903 419 479 for the best advice and support.
Land use purpose conversion is the process of changing the original use of a land plot to a different one, typically governed by local and national zoning plans. This conversion can range from agricultural to urban land, from land used for growing crops to construction land, or from reserved agricultural land to industrial land, among other forms depending on the planning and land use needs in each locality. Specifically, under Clause 1, Article 121 of the 2024 Land Law, there are 07 cases where permission is required for land use purpose conversion, including:
a. Conversion from agricultural land to non-agricultural land: This includes changing land designated for farming or forestry purposes to urban, residential, or industrial land.
b. Conversion from land used for growing rice to other agricultural purposes: Since rice cultivation is critical for food security, converting rice fields to other agricultural or non-agricultural uses requires strict oversight.
c. Conversion from forest land to non-forestry purposes: This often applies to land within designated forest areas that might be repurposed for infrastructure or tourism developments.
d. Conversion from land designated for public purposes to residential or commercial land: Such cases usually involve land initially set aside for roads, parks, or other public utilities.
e. Conversion from non-agricultural land outside residential areas to residential land: For instance, industrial zones or land used for production facilities being converted to urban housing.
f. Conversion from protective land (such as national parks or conservation areas) to other uses: This requires government approval, particularly due to environmental considerations.
g. Conversion between types of agricultural land for different crop or livestock production purposes.
Each of these cases requires a formal application and approval from competent state authorities, often accompanied by environmental impact assessments and compliance with local zoning regulations.
Therefore, if the case does not fall under the seven aforementioned categories, the land user does not need to obtain permission for land use purpose conversion.
In cases where the land has its origins as residential land or non-agricultural land with a long-term, stable usage term in accordance with legal regulations, and has been converted to other uses but now is required to be converted back to residential land and complies with the land use planning, no land use fees will be required.
Additionally, to comply with district-level land use planning, or general and subdivision planning according to regulations under the Urban Planning Law, the land use purpose conversion must also align with the aforementioned cases, as specified in Article 116 of the 2024 Land Law.
Request for Permission to Convert Land Use Purpose 2024
Article 116. Basis for Land Allocation, Land Lease, and Land Use Purpose Conversion
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The basis for land allocation or land lease through land use rights auction is the document approving the auction result issued by a competent state authority.
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The basis for land allocation or land lease through bidding to select an investor for a project involving land use is the document approving the investor selection result for the project, in accordance with the bidding laws.
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The basis for land allocation or land lease without land use rights auction, or without bidding to select an investor for a project involving land use; and for permitting land use purpose conversion, except for cases specified in Clause 5 of this Article, are as follows:
a) For projects listed under point b, Clause 3, Article 67 of this Law, the basis is the annually approved district-level land use plan and the investment decision in accordance with the laws on public investment, or the decision approving the investment policy concurrently with investor approval, or the decision approving the investor in accordance with the laws on investment, housing, or the document approving the investor selection result for public-private partnership projects.
b) For projects specified in Clause 4, Article 67 of this Law, the basis is the investment decision in accordance with the laws on public investment, or the decision approving the investment policy concurrently with investor approval, or the decision approving the investor in accordance with the laws on investment, housing, or the document approving the investor selection result for public-private partnership projects.
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In cases where the investment project approval or policy decision involves phased implementation or land recovery, compensation, support, and resettlement are carried out in phases, the competent state authority shall decide land allocation or land lease in accordance with the progress of project and the progress of land recovery, compensation, support, and resettlement.
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The basis for permitting the conversion of agricultural land in residential areas, agricultural land within the same parcel of land containing residential land, or the conversion of non-residential non-agricultural land to residential land for households and individuals is the district-level land use plan, general planning, or subdivision planning approved by the competent authority in accordance with the urban planning laws.
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The basis for land allocation, land lease, and land use purpose conversion for cases not subject to investment policy approval or investor approval according to investment laws shall be implemented in accordance with Government regulations.
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The Government shall provide detailed regulations on land allocation, land lease, and land use purpose conversion.
The Ministry of Natural Resources and Environment previously issued Circular 33/2017 to regulate five cases of land use purpose conversion that do not require permission from competent state authorities but must be registered for land-use change, which are:
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Conversion from annual crop land to other agricultural land, including land used for constructing greenhouses and other structures serving cultivation purposes; land for building livestock and poultry barns, and other animal shelters permitted by law; aquaculture land for study and experimental research purposes.
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Conversion from land for other annual crops or aquaculture to perennial crops.
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Conversion from perennial crop land to aquaculture land or land for annual crops.
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Conversion from residential land to non-residential, non-agricultural land.
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Conversion from commercial and service land to non-agricultural production and business land that is not commercial or service land. Conversion from non-agricultural production and business land that is not commercial, service, or industrial land to land for constructing public service structures.
According to Article 227 of the 2024 Land Law, the process and procedures for permitting land use purpose conversion are outlined as follows:
Article 227. Process and Procedures for Permitting Land Use Purpose Conversion
Cases of land use purpose conversion that require approval from competent state authorities must be carried out in accordance with the following steps:
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The land user submits a request for land use purpose conversion as per regulations.
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The land management authority checks the conditions for the land use purpose conversion. If the application does not meet the requirements, the authority will guide the land user to supplement the application and resubmit it.
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The land management authority has the following responsibilities: a) In cases where the land use fee or rent is based on the land price in the land price table, the land management authority prepares a dossier to submit to the competent Committee of people for a decision to permit the land use purpose conversion, land allocation, or lease. b) In cases where a specific land price is determined for calculating the land use fee or rent, the land management authority prepares a dossier to submit to the competent Committee of people for a decision to permit the land use purpose conversion, land allocation, or lease; organizes the land price determination, and submits it to the competent authority for approval of the land price used for calculating the land use fee or rent.
Request for Permission to Convert Land Use Purpose 2024
Accordingly, the Land Law stipulates the following procedures for requesting land use purpose conversion:
Step 1: The land user submits an application for land use purpose conversion.
Step 2: Reception and verification of the application.
The land management authority checks the conditions for the land use purpose conversion. If the application does not meet the requirements, the authority will guide the land user to supplement the application and resubmit it.
Step 3: The land user pays the land use fee and rent as per legal regulations.
Step 4: The land management authority transfers the application to the land registration organization or branch to carry out the registration, issuance of Land Use Right Certificates, update and adjust the land database, and deliver the Land Use Right Certificates to the land user.
Note: In cases of transferring land use rights and converting land use purposes, the procedures for transferring land use rights can be conducted simultaneously with the land use purpose conversion procedures.
The conversion of land use purposes is a complex process that directly impacts socio-economic development and environmental protection. It must adhere to legal regulations concerning land, ensuring fairness and sustainability. Although there are cases that do not require permission, organizations and individuals who fail to comply with regulations may face severe legal and financial consequences. Therefore, it is essential for stakeholders involved in the land use purpose conversion process to understand the legal provisions and act responsibly.
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