The procedure for changing the land use purpose is an important procedure in buying and selling land. When both the buyer and the seller understand the process and procedures for transfer, the transaction will be faster and more convenient.
1 Conditions for changing land use purpose
According to Article 188 of the 2013 Land Law, to transfer land use rights, the land user must meet the following conditions:
Conditions for transferring land use rights
– Must have a land use right certificate.
– The land is not currently under dispute.
– Land use rights are not subject to seizure to ensure the execution of judgments.
– The land is within the time limit for land use.
– Changes in land use purpose, transfer, lease, inheritance, donation, mortgage of land use rights, and contribution of capital in the form of land use rights must be registered with the land registration agency and shall take effect from the time of registration in the land register.
2 Latest procedure for changing land use purpose
Based on Article 69 of Decree 43/2014/NĐ-CP and the guidance in Decision 2555/QĐ-BTNMT, the procedure for changing the land use purpose is as follows:
Quantity: 01 set of application
Application components:
Article 6 of Circular 30/2014/TT-BTNMT stipulates that the application for households and individuals includes the following documents:
- Application for change of purpose according to Form No. 01.
- Land use right certificate (Red Book, Pink Book).
Method 1: If the locality has established a one-door department, submit it to the one-door department at the district level.
The One-Door Department is the common name for the Department of Receipt and Return of Results of Administrative Procedure Solutions or Center for Public Service Administration at the provincial level. Here, the tasks and powers of guiding, receiving, handling or transferring the dossier for handling, returning the results of administrative procedures are performed, monitored, supervised, and evaluated.
Method 2: If the locality has not established a one-door department, submit directly to the Department of Natural Resources and Environment.
Receiving the dossier: If the dossier is incomplete or invalid, the receiving agency must within 3 days notify and guide the applicant to supplement and complete the dossier according to regulations.
Based on Article 52 of the 2013 Land Law, the district-level People’s Committee will decide to allow the change of land use purpose if the dossier meets the following 02 conditions:
Condition 1: The annual land use plan of the district-level People’s Committee has been approved by the competent state agency, allowing the area where the land lot is located to be changed in land use purpose.
Condition 2: The need to change the land use purpose in the application is justified and legal (has been verified by the Department of Natural Resources and Environment; field inspection, appraisal of the need to change the land use purpose).
According to Clause 1, Article 12 of Circular 33/2017/TT-BTNMT, the following cases in the table are allowed to change the land use purpose without permission from the competent state agency but must register for land use right changes
| No. | Type of land and purpose of transfer |
| 1 |
Transfer annual crop land to other agricultural land including: Land for building greenhouses and other types of houses for cultivation purposes; Land for building livestock, poultry and other animal farms permitted by law; Aquaculture for educational, research and experimental purposes |
| 2 |
Transfer annual crop land other than paddy land, aquaculture land to perennial crop land |
| Transfer perennial crop land to aquaculture land, annual crop land | |
|
Transfer residential land to non-agricultural land other than residential land such as commercial – service land, production – business land,… |
|
| 5 |
Transfer commercial, service land to production, business non-agricultural land other than commercial, service land; transfer non-agricultural production, business land other than commercial, service land or non-agricultural production facility land to land for construction of non-business works |
Clause 1, Article 57 2013 Land Law stipulates cases of changing the land use purpose with the permission of the competent state agency, including:
- Transfer paddy land to perennial crop land, forest land, aquaculture land, salt land;
- Transfer other annual crop land to brackish water aquaculture land, salt land, aquaculture land in the form of ponds, lakes, and swamps;
- Transfer special-use forest land, protective forest land, production forest land to land for other purposes in the group of agricultural land;
- Transfer agricultural land to non-agricultural land;
- Transfer non-agricultural land allocated by the State without collecting land use levy to non-agricultural land allocated by the State with collection of land use levy or leased land;
- Transfer non-agricultural land other than residential land to residential land;
- Transfer land for construction of non-business works, land for public use with business purposes, land for production, business non-agricultural land other than commercial, service land to commercial, service land; transfer commercial, service land, land for construction of non-business works to land for construction of non-agricultural production facilities.
The Department of Natural Resources and Environment shall issue a decision after the individual/household has fulfilled its financial obligations.
Time of implementation: No more than 15 days from the date of receipt of a valid dossier (not including the time for the land user to fulfill financial obligations); no more than 25 days for communes in mountainous, island, remote, and difficult socio-economic conditions.
Procedure for requesting change of land use purpose
3 Some questions when doing the procedure for changing the land use purpose
What are the fees for the procedure for changing the land use purpose?
Based on Clause 2, Article 5 of Decree 45/2014/NĐ-CP on collection of land use levy (guided by Article 4 and Article 5 of Circular 76/2014/TT-BTC), the land use levy when changing the land use purpose for households and individuals must be paid depending on the type of original land and the source of land use. The amount to be paid depends on each specific case.
Is it necessary to obtain permission to change the land use purpose?
Permission from the competent state agency when changing the land use purpose must be based on the classification of land based on the land use purpose. There will be cases where permission is required and not required to change the land use purpose.
What is the procedure for changing the land use purpose for organizations?
Submit the application to the one-door department (if any) or the Public Service Center. Alternatively, you can submit it to the Department of Natural Resources and Environment.
What is the penalty for changing the land use purpose without permission?
The degree of administrative violation depends on the type of land and the area of illegal transfer. In addition to the fine, the violator must also restore the original state.
The above is. Hopefully, this article will help you with the transfer procedure conveniently.
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