Latest form Application for change of land use purpose? Cases of change of land use purpose that do not require permission from a competent state agency but must register the change?

Nội dung chính

• Cases of change of land use purpose must be allowed by a competent state agency?
• Cases of change of land use purpose that do not require permission from a competent state agency but must register the change?
• Application for change of land use purpose?

Cases of change of land use purpose must be allowed by a competent state agency?

In Clause 1, Article 57 of the 2013 Land Law, cases of change of land use purpose must be approved by a competent state agency, specifically as follows:

Cases of change of land use purpose that must be permitted by a competent state agency include:

- Change the land for rice cultivation to land for planting perennial crops, land for afforestation, land for aquaculture, land for salt production;

- Converting land for planting other annual crops to land for saltwater aquaculture, salt production, and aquaculture land in the form of ponds, lakes or lagoons;

- Change of special-use forest land, protection forest land, production forest land to use for other purposes in the group of agricultural land;

- Converting agricultural land to non-agricultural land;

- Converting non-agricultural land allocated by the State without land use levy to non-agricultural land allocated by the State with land use levy or leased land;

- Converting non-agricultural land which is not residential land to residential land;

- Transfer of land for construction of non-business works, land used for public purposes for business purposes, land for non-agricultural production and business that is not commercial or service land to commercial or service land; converting commercial, service, and non-business construction land to land for non-agricultural production establishments.

Change the purpose of land use

Cases of change of land use purpose that do not require permission from a competent state agency but must register the change?

Pursuant to the provisions of Clause 2, Article 5 of Circular 09/2021/TT-BTNMT amending and supplementing Clause 1, Article 11 of Circular 02/2015/TT-BTNMT providing for cases where land use purpose is not changed must obtain permission from a competent state agency, but must register specific changes as follows:

(1) Cases of change of land use purpose that do not require permission from a competent state agency but must register the change, including:

- Change of land for growing annual crops to other agricultural land, including: land used to build greenhouses and other types of houses for cultivation purposes; land for construction of barns for raising cattle, poultry and other animals permitted by law; aquaculture for the purpose of study, research and experiment;

- Converting land for planting other annual crops and aquaculture land to planting perennial crops;

- Converting land for growing perennial crops to land for aquaculture or annual crops;

- Converting residential land to non-agricultural land which is not residential land;

- Transfer of commercial and service land to other types of land belonging to non-agricultural production and business land which is not the land of non-agricultural production establishments; converting non-agricultural production and business land that is not commercial or service land or non-agricultural production establishment land to land for construction of non-business works.

Application for change of land use purpose?

According to the provisions of Article 6 of Circular 30/2014/TT-BTNMT stipulating documents for land allocation, land lease, change of land use purpose, and land recovery, issued by the Minister of Natural Resources and Environment. Regarding the application for change of land use purpose, specifically as follows:

(1) The land user shall submit 01 set of documents, for the case of change of land use purpose, with the permission of a competent state agency; Profile include:

- An application for change of land use purpose according to Form No. 01 promulgated together with this Circular;

- Certificate of land use right or Certificate of ownership of houses and residential land use rights or Certificate of land use rights and ownership of houses and other land-attached assets.

(2) A dossier to be submitted to the People's Committee of the competent level for decision on permitting the change of land use purpose includes:

- The papers specified in Clause 1 of this Article;

- Minutes of field verification;

- A copy of the explanation of the investment project, for the project that is not required to be submitted to a competent state agency for approval, the project is not required to be granted an investment certificate; a copy of the economic - technical report of the land-using organization, in case an investment project for work construction is not required; documents on appraisal of land use needs; appraise the conditions for permitting the change of land use purpose specified in Clause 3, Article 58 of the Land Law and Article 14 of Decree No. 43/2014/ND-CP made when granting investment certificates or project appraisal investment or project approval, for projects that must be submitted to competent state agencies for approval, and must issue investment certificates;

- Documents on appraisal of land use needs, appraisal of conditions for permitting land use purpose change as prescribed in Clause 3, Article 58 of the Land Law and Article 14 of Decree No. 43/2014/ND-CP for projects The project is not required to submit to a competent state agency for approval, is not required to issue an investment certificate and is not required to formulate an investment project for the construction of works.

In case households or individuals apply to change the purpose of agricultural land use for commercial or service purposes with an area of ​​0.5 hectares or more, a written approval of the Committee must be added. provincial people according to the provisions of Point a, Clause 2, Article 59 of the Land Law;

- Extract the cadastral map of the land plot or extract the cadastral measurement of the land plot;

- The report enclosed with the draft decision permitting the change of land use purpose according to Form No. 05 promulgated together with this Circular.

An application for change of land use purpose, made according to form 01:

Download the application for land use change here.