According to regulations, there are 5 cases of changing land use purposes that do not require permission from the authorities.
Why change land use purposes?
Changing land use purpose is a change in land use purpose compared to the original land type by administrative decision in cases where permission is required or only land registration is required in cases where permission from the housing authority is not required. competent country.
The 2013 Land Law does not provide a specific concept of changing land use purposes but only mentions cases of changing land use purposes and some cases of changing land use purposes must be approved by competent authorities. Only when the authority allows the change of land use purpose does the land owner have the right to change the land use purpose.
05 cases of changing land use purpose without permission in 2023
05 cases of changing land use purposes that do not require permission in 2023 (but must register land changes) are specified in Clause 1, Article 11 of Circular 02/2015/TT-BTNMT (amended by Clause 2, Article 11). 5 Circular 09/2021/TT-BTNMT) includes:
– Converting annual crop land to other agricultural land includes:
+ Land used to build greenhouses and other types of houses for farming purposes;
+ Land to build barns for raising cattle, poultry and other animals as permitted by Law;
+ Aquaculture land for study, research and experimental purposes;
– Converting land for growing other annual crops and aquaculture land to growing perennial crops;
– Converting land for growing perennial crops to land for aquaculture or land for growing annual crops;
– Converting residential land to non-agricultural land that is not residential land;
– Converting commercial and service land to other types of land belonging to non-agricultural production and business land that is not land for non-agricultural production establishments; converting non-agricultural production and business land that is not commercial or service land, land for non-agricultural production establishments to land for construction of public works.
Procedures for changing land use purposes do not require permission
Procedures for registering change of land use purpose without requiring permission from competent state agencies are as follows:
– Land users submit applications at the application receiving place specified in Clauses 2, 3, 4 and 5, Article 60 of Decree 43/2014/ND-CP, specifically:
+ Submit documents at the Land Registration Office for localities that have established Land Registration Offices.
+ Where a Land Registration Office has not yet been established:
++ Provincial land use rights registration office receives dossiers for organizations, religious establishments, Vietnamese residing abroad implementing investment projects, foreign organizations, and foreign individuals , foreign invested enterprises;
++ The district-level land use rights registration office receives applications for households, individuals, communities, and Vietnamese residing abroad to own houses associated with land use rights. live in Vietnam.
+ In case households, individuals, or communities need to submit documents to the Commune People’s Committee, the Commune People’s Committee where the land is located will receive the documents and return the results. In case of registration of changes in land and assets attached to land; To renew or re-issue a Certificate, within 03 working days from the date of receiving complete documents, the Commune People’s Committee must transfer the documents to the Land Registration Office.
+ Localities have organized a one-stop shop to receive dossiers and return results of administrative procedures according to Government regulations, then the above agencies will receive dossiers and return results. through the one-stop shop according to the Decision of the Provincial People’s Committee.
+ Management Board of high-tech zones and economic zones; The airport authority is the focal point for receiving documents and returning results of land administrative procedures in high-tech zones and economic zones; airport, airport.
– The land registration office is responsible for checking documents; Field verification in case of necessity; confirm the Registration Form; Confirm land use purpose in the Certificate; Edit and update changes in cadastral records and land database (if any); Give the Certificate to the grantee or send it to the Commune People’s Committee for discussion in case of submitting documents at the Commune level.
