Changing land use purpose from land for rice cultivation (agricultural land) to residential land (non-agricultural land) requires permission and approval from a competent state agency. The following article of Hong Bang Law Firm shall clarify this issue for you.
What is land for rice cultivation?
Land for rice cultivation is regulated in the 2013 Law of Land as follows:
“Article 134. Land for rice cultivation
1. The State shall adopt policies to protect land for cultivation and limit the conversion of land for cultivation to non-agricultural purposes. In case it is necessary to convert a part of the rice land to use for other purposes, the State shall take measures to supplement the land area or increase the efficiency of rice land use.
The State shall adopt policies to support, invest in building infrastructure, and apply modern science and technology to the planned area for high-yield and high-quality rice cultivation.
2. The users of land for cultivation have the responsibility to improve and increase the fertility of the land; must not be converted to use for the purpose of planting perennial trees, afforestation, aquaculture, salt making and non-agricultural purposes without the permission of a competent state agency.
3. Those who are allocated or leased land by the State for non-agricultural purposes from the land specialized in wet rice cultivation must pay a sum of money to the State to supplement the lost area of specialized wet rice cultivation or increase the efficiency in using land for rice cultivation according to the Government’s regulations.”
Accordingly, the conversion of the land use purpose for rice cultivation land to non-agricultural purposes in accordance with the current land law is currently limited. method of supplementing the area for rice cultivation.
Procedures for converting land for rice cultivation to residential land
1. Documents to be provided:
According to Article 6 of Circular 30/2014/TT-BTNMT, households and individuals need to prepare 1 set of documents, including:
- An application for change of land use purpose, made according to Form No. 01. Certificate of land use right or Certificate of house ownership and residential land use right or Certificate of land use right and house ownership and other assets attached to land.
- When submitting the application, present additional identity card or citizen identification card if required.
2. Implementation steps:
Step 1. Submit application
Submit application at Department of Natural Resources and Environment. In case of receiving incomplete or invalid dossier, within 3 working days, it must notify and guide the applicant to supplement and complete the dossier. .
Step 2. Processing and resolving requests:
Department of Natural Resources and Environment is responsible for verifying the dossier; verify the field, assess the need to change the land use purpose. The Division of Natural Resources and Environment shall guide land users to fulfill their financial obligations as prescribed by law.
The Department of Natural Resources and Environment shall submit to the district-level People’s Committee a decision on permission to change the land use purpose. The Department of Natural Resources and Environment directs the update and correction of the land database and cadastral records.
Land users fulfill financial obligations.
Step 3. Return results:
The Division of Natural Resources and Environment issues a decision permitting the change of land use purpose to households and individuals after the individual fulfills financial obligations.
Execution time
- No more than 15 days from the date of receipt of valid documents (excluding the time to fulfill financial obligations of the land user).
- No more than 25 days for communes in mountainous, island, deep-lying and remote areas, areas with difficult socio-economic conditions.
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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