Speaking with Lao Dong Newspaper reporters, Lawyer Nguyen Pho Dung - Director of OPIC Law Firm and Associates, Hanoi Bar Association - said:
The 2024 Land Law and Decree No. 102/2024/ND-CP dated July 20, 2024 of the Government detailing a number of articles of the 2024 Land Law have provided very detailed regulations on the basis and procedures for changing land use purposes.
Therefore, people only need to follow the provisions of the law to be able to carry out the procedure for changing the purpose of agricultural land use.
However, the basis for allowing the conversion of agricultural land use purposes in residential areas, agricultural land in the same plot of land with residential land to residential land or the conversion of non-agricultural land use purposes that are not residential land to residential land for households and individuals is the district-level land use planning or the general planning or the zoning planning according to the provisions of the law on urban planning approved by the competent authority.
The order and procedures for permitting the conversion of land use purposes are as follows:
Step 1: The person applying for land use purpose change needs to determine what type of agricultural land is being changed from agricultural land to residential land: Land for perennial crops? Agricultural land in residential areas? Agricultural land in the same plot of residential land to residential land or changing the purpose of use of non-agricultural land that is not residential land to residential land? Can agricultural land be changed?
Step 2: The person applying for land use purpose conversion determines the district-level land use planning or general planning or zoning planning according to the provisions of the law on urban planning that has been approved by the competent authority. Is the converted land planned as residential land or not?
Step 3: The person applying for land use purpose conversion submits the land use purpose conversion dossier to the One-stop Department according to the regulations of the Provincial People's Committee on receiving dossiers and returning results of administrative procedure settlement at the provincial, district and commune levels according to the provisions of Decree No. 102/2024/ND-CP of the Government, including:
- Application for change of land use purpose according to Form No. 02c in the Appendix issued with Decree No. 102/2024/ND-CP of the Government detailing a number of articles of the 2024 Land Law;
- Land use right certificate and land documents…;
- Extract of land plot cadastral measurement;
- The competent land management agency shall assign the Land Registration Office to provide information on the land database, make an extract of the cadastral map of the land plot in cases where the dossier is complete and valid; instruct the dossier submitter to supplement the cadastral measurement of the land plot in cases where there is no cadastral map according to regulations or redo the dossier or supplement the dossier and resubmit it to the competent land management agency in cases where the dossier is incomplete or invalid; review and check the dossier; conduct a field inspection;
- The competent land management agency completes the dossier and submits it to the People's Committee at the competent level to issue a decision allowing the change of land use purpose.
The dossier includes: Documents specified in the extract of the cadastral map of the land plot or the extract of the cadastral measurement of the land plot, a submission according to Form No. 03 in the Appendix issued with this Decree, together with a draft decision on land allocation, land lease, permission to change land use purpose according to Form No. 04a, Form No. 04b, Form No. 04c in the Appendix issued with this Decree, containing the content on land price to calculate land use fees, land rent payable and the responsibility of the tax authority in guiding land users to pay land use fees, land rent in accordance with the provisions of law on land use fees, land rent;
- The People's Committee at the competent level considers and issues decisions on land allocation, land lease, and permission to change land use purposes;
- The competent land management agency transfers cadastral information of land plots according to Form No. 04h in the Appendix issued with this Decree to the tax authority;
- Tax authorities determine land use fees and land rents payable according to regulations, issue notices of land use fees and land rents to land users;
- Land users pay land use fees and land rents according to the provisions of law on land use fees and land rents;
- The tax authority confirms the completion of payment of land use fees and land rent and sends a notice of results to the competent land management authority;
- The competent land management agency shall submit to the competent authority to sign and issue the Certificate and perform the tasks specified in Clause 4, Article 228 of the Land Law; in case of signing a land lease contract, it shall be implemented according to Form No. 05a in the Appendix issued with this Decree, and the handover of land on site shall be implemented according to Form No. 06 in the Appendix issued with this Decree;
The Land Registration Office or the Land Registration Office Branch is responsible for updating and correcting the land database and cadastral records.
