Steps to change the most standard land use purpose

What steps should the conversion of land use purposes take? What documents are needed to convert land use purposes? Following, in order to answer the above questions, DFC Lawyers would like to send to readers information about the steps to change land use purposes.

Steps to change land use purposes

Question: Hello lawyer, I have a land of 60m2 of residential land and 50m2 of land in An Ninh commune, Tien Hai district and currently I do not cultivate anything in the other land so is it possible to transfer the land use purpose for this land to residential land? What steps should the land use change take?

Counsel: Hello, based on the information that you provide, DFC Lawyers would like to answer your concerns and questions about the steps to change land use purposes through the following article:

Legal grounds:

• Land Law 2013;

• Decree 43/2014/ND-CP issued on May 15, 2014 by the Prime Minister;
• Circular 30/2014/TT-BTNMT issued on June 2, 2014 provides for dossiers of land delivery, land lease, land use purpose transfer, land recovery.

1. Dossiers of transfer of land use purposes

According to Article 57 of the Land Law 2013, in case of transferring land use purposes from agricultural land to non-agricultural land or to residential land, they must be permitted by competent authorities.

According to Article 69 of Decree 43/2014/ND-CP issued on May 15, 2014 by the Prime Minister and Article 6 of the Circular 30/2014/TT-BTNMT issued on 02/06/2014 stipulating the dossier on land use purpose transfer, the dossier on the transfer of land use purposes includes the following documents

a) Application for land use purpose transfer (according to Form No. 01 Circular 30/2014/TT-BTNMT);

b) Certificate of land use rights (Red Book) or certificate of ownership of houses and residential land use rights or certificate of land use rights, ownership of houses and other property attached to land.

In case the dossier is incomplete or invalid, the receiving agency must notify and guide the additional payer in accordance with the provisions of law for a period not more than 03 working days.

2. Steps to change land use purposes

Step 1: The land user submits 01 set of dossiers to the competent state agency for transfer of land use purposes, including:

• Provincial People's Committees decide on permission to transfer land use purposes to organizations
• The District People's Committee decides on the permission to transfer land use purposes to individuals and households. For the transfer of agricultural land use purposes to commercial and service purposes with an area of 0.5 hectares or more, there must be a written approval from the provincial People's Committee.

Note: In case the locality has arranged and organized a one-door department for the reception of dossiers, the applicant may submit it at the one-door section.

Step 2:The competent agency to settle the appraisal of dossiers, verify the fact, consider the need to transfer land use purposes; guide land users to perform financial obligations belonging to environmental resources agencies. Then report to the competent People's Committee to decide whether to allow the transfer of land use purposes or not. Where permitted, the direction of updating and adjusting land databases and land dossiers.

Step 3:After the individual fully performs financial obligations, the Department of Natural Resources and Environment will hand over the decision to allow the transfer of land use purposes to households and individuals:

- Duration:

+ The awarding of decisions must not exceed 15 working days (regardless of the time of implementation of financial obligations of land users).

+ In case of remote, mountainous, island and socio-economic difficulties, the working time must not exceed 25 working days

The above is the entire cradle of advice, answering questions of readers about the steps to change land use purposes. If you still have questions to answer, please contact the Land Law Consulting Center  1900.6512  for advice in the most specific way.