Mr. Bui Hoang Nam's family (in Can Tho Province) bought the land with the following specific information: Land plot number 1157, Map sheet number 68, area 7, An Binh Ward, Ninh Kieu District, Can Tho City. Certificate of land use rights as perennial tree land (CLN); area 152,9m2.

According to the Ninh Kieu District land use plan, this land is high-density residential land; Currently there is no detailed plan of functional subdivision 1/2000. This parcel of land is not in the district's annual land use plan (2018).

Mr. Nam wishes to change the purpose of land use to residential land, the local authority instructs him to register in the ward to synthesize and send it to the district to wait for consideration in 2019.

He asked if the locality does not allow him to change the land use purpose in 2019 or 2020, is it consistent with the  Land Law 2013 and what regulations or grounds for refusing/not considering the demand. Please change the purpose of your land use?

To improve his current income, Mr. Nam plans to build a prefabricated house / temporary house to grow Linh Chi mushroom with an area of ​​80m2. As a rule, he must register changes in perennial crop land to other agricultural land with the local authorities.

Mr. Nam would like to ask, does registration of this change need to be consistent with the district's annual land use plan and land use plan? When building prefabricated houses / temporary buildings, temporary houses to grow Linh Chi mushrooms, do you have to apply for construction permits?

Mr. Nam asked, does registration of this change need to be consistent with the district's annual land use planning and land use plan? When building prefabricated houses / temporary buildings, temporary houses to grow Linh Chi mushrooms, does he have to apply for construction permits?

The Ministry of Natural Resources and Environment answers this issue as follows:

Under the provisions of Clause 5, Article 40 of the 2013 Land Law:

“For districts that have an urban plan approved by a competent State agency, land use planning is not required, but an annual land use plan is required; In case the urban planning of the district is inconsistent with the allocated area in the provincial land use plan, the urban planning must be adjusted to suit the provincial land use planning ”.

Thus, the need to change the land use purpose of his household must be consistent with the urban planning of the district approved by the competent State agency (at the same time, the urban planning of the district must match the area has been allocated in the provincial land use plan).

Permission is required in cases of land use purpose change

According to the provisions of Clause 1, Article 57 of the Law on Land 2013, cases of change of land use purpose requiring permission from competent State agencies include:

Article 57. Change of land use purpose

1. Cases in which change of land use purpose requires permission by competent state agencies:

a)      Change of land for rice cultivation to land for perennial crops, forests, aquaculture or salt production;

b) Change of land for other annual crops to land for saltwater aquaculture, salt production or aquaculture in ponds, lakes or marshlands;

c) Change of special-use forest land, protective forests or production forests to land for other purposes within the type of agricultural land;

d) Change of agricultural land to non-agricultural land;

e) Change of non-agricultural land which is allocated by the State without land use levy to non-agricultural land which is allocated by the State with land use levy, or to leased land;

f) Change of non-agricultural land which is not residential land to residential land;

g) Change of land for construction of non-business facilities or land for public purposes involving commercial purpose, or non-agricultural land for business and production purposes which is not land for trading or services to land for trading or services; change of land for trading or services or land for construction of non-business facilities to land for non-agricultural production establishments.

Under the provisions of Point dd, Clause 4, Article 95 of the 2013 Land Law: Change registration is done in the case where a Certificate has been issued or a registration has changed such as change of land use purpose.

Thus, in case of building prefabricated houses / temporary houses to grow Linh Chi mushrooms on the land that is granted a certificate of land use right as perennial land, there is no need to ask for permission from a competent state agency (according to regulations. in Clause 1, Article 57 of the 2013 Land Law) but must register for land changes in accordance with Clause 4, Article 95 of the 2013 Land Law