Can rice land that has changed its use’s purpose be allowed to exchange the ownership?

Fri, 07 Oct 2022 09:23:00  |  Print  |  Email   Share:

Mr. Nguyen Hong Phong (Hung Yen) has a field that has been granted a certificates of land use rights, specialized in wet rice cultivation. During the cultivation period, Mr. Phong converted it into perennial crops. Currently, he is transferring a certificate of land use right to his son (his son is directly engaged in agricultural production).

When submitting the application at the Branch of the Land Registration Office, the officer did field assessment and said that his field had to go through the procedure to change the purpose to land for planting perennial crops, then he could do the procedure for transferring the land use right. 

Mr. Phong asked, is that correct? What does he have to do to transfer the land use right to his son? 

The General Department of Land Management, Ministry of Natural Resources and Environment responded to this issue as follows:

According to the reflection, his family has land that has been granted a certificate of land use right with the purpose of using land as specialized wet rice; The family voluntarily converted it into perennial land.

Pursuant to the provisions of Point a, Clause 1, Article 57 of the 2013 Land Law, the change of land use purpose from paddy land to land for perennial crops in the case of change of land use purpose must be approved by the competent state authority.

Compared with the above regulations, the case that his family has arbitrarily converted the land specializing in wet rice cultivation into land for growing perennial crops (without permission of the competent state agency) in the case of illegal acts. The land law needs to be handled for administrative violations according to the provisions of Article 206 of the Land Law, Clauses 1 and 5, Article 9 of Decree No. 91/2019/ND-CP dated November 19, 2019 of the Government on handling administrative penalties in the field of land.

Since the content you asked falls under the responsibility of handling specific local administrative procedures, it is recommended that you study the above regulations and contact the local competent authority for specific instructions.

 

By: Translator: LeAnh-Bizic/

Source: https://vcci.com.vn/the-nao-bi-coi-la-xuat-hoa-don-khong-dung-thoi-diem

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