With the increasing demand for residential land, many households and individuals have the need to convert forest land to residential land; People can carry out the procedures for converting forest land to residential land by themselves according to the following instructions.
Conditions for converting forest land to residential land
According to Clause 1, Article 10 of the 2013 Land Law, forest land belongs to the group of agricultural land, including: production forest land, protection forest land, and special-use forest land.
Pursuant to Point d, Clause 1, Article 57 of the 2013 Land Law, when a land user converts agricultural land to non-agricultural land (including residential land), he/she must obtain permission from a competent State agency (for households and individuals). For families and individuals, the People’s Committee of the district where the land is located has the authority to permit the change of land use purpose).
Pursuant to Article 52 of the 2013 Land Law, when receiving applications from households and individuals, the district-level People’s Committees will base on the following two bases to decide whether or not to allow the change of land use purpose:
- The annual land use plan of the district has been approved by the competent state agency.
- Land use needs of households and individuals expressed in the application for change of land use purpose.
Accordingly, only when the above two bases are available, will the district-level People’s Committee issue a decision permitting the change of land use purpose from forest land to residential land; In case the land use plan does not allow the change of land use purpose, the district-level People’s Committee is not allowed to issue a decision permitting the change of land use purpose.
Dossier and procedures for converting forest land to residential land
1. Required dossier:
Pursuant to Clause 1, Article 6 of Circular 30/2014/TT-BTNMT, households and individuals prepare 01 set of documents, including:
- Application for change of land use purpose.
- Certificate of land use right or Certificate of land use right, ownership of houses and other land-attached assets.
2. Procedures for converting forest land to residential land
Step 1: Submit your application
According to Point b, Clause 1, Article 60 of Decree No. 43/2014/ND-CP, households and individuals submit dossiers at the Department of Natural Resources and Environment.
Step 2: Receipt of application
Step 3: Settlement: In this stage, the most important thing for households and individuals, if allowed to change land use purposes, is to fulfill financial obligations as prescribed; when receiving the notice of payment from the tax office, the correct amount and timeliness must be paid according to the notice.
Step 4: Return results: The result that households and individuals receive is the decision to allow the change of land use purpose issued by the district-level People’s Committee; Only when this decision is issued will households and individuals be allowed to build houses.
Implementation time
According to Clause 40, Article 2 of Decree No. 01/2017/ND-CP, the time limit for settlement shall not exceed 15 days from the date of receipt of a valid application; no more than 25 days for communes in mountainous, island, deep-lying and remote areas, areas with difficult socio-economic conditions; The above time does not include the time to fulfill the financial obligations of the land user, holidays and public holidays as prescribed
If you need more detailed advice as well as how to access this service, please contact Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the legal consulting centre at 1900.6575 or send a service request via email: lienheluathongbang@gmail.com.
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