Land use purpose change is a change in land use purpose compared to the original land type by administrative decision in case of requiring permission or only land registration in case of not requiring permission from the competent state agency. So which agency has the authority to allow land use purpose change?
Article 59 of the 2013 Land Law stipulates that the authority to permit land use purpose change is stipulated as follows: Provincial People's Committees have the authority to permit land use purpose change for organizations; District People's Committees have the authority to permit land use purpose change for households and individuals.
In case of permission to change the purpose of agricultural land use for households and individuals to use for commercial and service purposes with an area of 0.5 hectares or more, there must be written approval from the Provincial People's Committee before making a decision.
How to change land use purpose?
According to Clause 1, Article 57 of the 2013 Land Law, cases of land use purpose change that must be permitted by competent State agencies include:
First, convert rice-growing land to perennial crop land, forestry land, aquaculture land, and salt-making land.
Second, convert land for growing other annual crops to land for saltwater aquaculture, salt-making land, and land for aquaculture in the form of ponds, lakes, and lagoons.
Third, convert special-use forest land, protective forest land, and production forest land to other purposes within the agricultural land group.
Fourth, convert agricultural land to non-agricultural land.
Fifth, convert non-agricultural land allocated by the State without land use fees to non-agricultural land allocated by the State with land use fees or land lease.
Sixth, converting non-agricultural land that is not residential land into residential land.
Seventh, converting land for construction of public works, land used for public purposes with business purposes, non-agricultural production and business land that is not commercial or service land to commercial or service land; converting commercial or service land, land for construction of public works to non-agricultural production land.
Although the law stipulates that in 7 cases when changing the purpose, the consent of the competent state agency is required, the land user who submits an application for permission to change is not allowed to change, but must be based on 2 conditions.
Condition 1, the annual land use plan of the district level has been approved by the competent state agency.
Condition 2, land use needs are stated in the application for change of land use purpose.
Thus, land users who want to change the purpose need to check whether the location of the land plot to be changed is allowed to be changed or not (see the annual land use plan of the district level that is publicly announced - which includes information about the land area to be changed) and prepare an application to send to the competent authority.
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