Procedures for changing land use purposes to implement projects

Procedures for changing land use purposes to implement projects is a process that directly affects the rights and obligations of investors. Understanding procedures, documents and related conditions helps customers carry out the project smoothly. This article provides detailed information about procedures for changing land use purposes to implement projects, to help customers clearly understand the process and ensure their rights.

Conditions for changing land use purposes to implement projects

Land Law 2024 clearly regulates conditions for changing land use purposes for each type of investment project. Specifically, according to Clause 2, Article 122 of the Land Law 2024, investors need to meet the following conditions:

• Deposit or other forms of security according to the provisions of investment law;
• There is financial capacity to ensure land use according to the progress of the investment project and other conditions according to relevant laws;
• Do not violate the provisions of land law or violate the provisions of land law but have completely complied with the legally effective decisions and judgments of the competent authority at the time of requesting land allocation, land lease, or permission to change land use purpose. The identification of land users violating the provisions of land law applies to all land plots in use throughout the country.

For commercial housing construction investment projects, Clause 3, Article 122 of the Land Law 2024, additional conditions need to be met:

• People who are allowed by the State to change land use purposes have the right to use residential land or residential land and other land;
• In accordance with planning, land use plans, planning according to the law on urban and rural planning, local housing development programs and plans and not in cases where the State recovers land for defense and security purposes, or recovers land for socio-economic development for national and public benefits;
• There is a document approving the investment policy and approving the investor from the competent authority according to the provisions of law on investment.

These conditions are to ensure that investment projects are implemented transparently, effectively, and in accordance with local development planning.

>>> See more: Capital Contribution by Land Use Rights – Conditions and Procedures.

Procedures for changing land use purposes to implement projects

Pursuant to Article 227 of the Land Law 2024 and Article 44 of Decree 102/2024/ND-CP, procedures for changing land use purposes to implement project as follows:

File

To carry out the procedure for converting land use purpose, the following documents need to be fully prepared:

• Application to change land use purpose according to Model number 02c in the Appendix issued with Decree 102/2024/ND-CP.
• Documents proving land use rights or land allocation decision, land lease decision, decision allowing change of land use purpose from a competent state agency according to the provisions of land law over time.
• Extract cadastral map of land plot or extract cadastral measurement of land plot.

Implementation procedures

The procedure includes the following steps:

Step 1: Submit application

The land user submits 01 application to change the land use purpose to the One-Stop Department of the Provincial People’s Committee.

The agency with land management function assigns the Land Registration Office to perform the following tasks:

• Provide information about the land database, prepare an extract of the cadastral map of the land plot in cases where the dossier is complete and valid;
• Instruct applicants to add cadastral measurements of land plots for land plots in places where there is no cadastral map;
• Or redo the dossier or supplement the dossier and resubmit it to the agency with land management functions in case the dossier is incomplete or invalid;
• Review and check documents; field test.

Step 2: Processing documents

The agency with land management function completes the dossier and submits it to the competent People’s Committee to issue a decision allowing the change of land use purpose.

Documents submitted to the People’s Committee include:

• Application for change of land use purpose;
• Extract cadastral map of land plot or extract cadastral measurement of land plot;
• Proposal according to Form No. 03 in the Appendix issued with Decree 102/2024/ND-CP with the draft decision allowing change of land use purpose.

After receiving the dossier from the agency with land management functions, the competent People’s Committee shall consider and issue a decision allowing the change of land use purpose.

Receiving the decision allowing change of land use purpose from the competent People’s Committee, the agency with land management function transfers the cadastral information of the land plot to the tax authority.

Tax authorities determine land use fees and land rent payable according to regulations. Then, issue a notice of payment of land use fees and land rent to the land user.

Step 3: Pay land use fee

• Land users pay land use fees and land rent according to the provisions of law; In case land use fees or land rents are reduced, the agency collecting land use fees and land rents shall reduce land use fees and land rents for land users.
• After receiving the land use fee, the tax authority confirms the completion of the land use fee payment and sends a notification of the results to the agency with land management functions.

Step 4: Complete the procedure and receive results

• The agency with land management function submits to the competent authority to sign and issue the Certificate and transfers the documents to the Land Registration Office or Land Registration Office branch to update and adjust the land database, cadastral records and award the Certificate of land use rights and ownership of assets attached to land to the land user.
• The Land Registration Office or Land Registration Office Branch is responsible for updating and adjusting the land database and cadastral records.
• The land user receives the decision allowing change of land use purpose at the One-Stop Department where the application for change of land use purpose has been submitted.

Processing time: no more than 20 days. For mountainous communes, islands, remote areas, areas with difficult socio-economic conditions, areas with particularly difficult socio-economic conditions, the implementation time is increased by 10 working days.

Above are detailed procedures for changing land use purposes to implement projects. Customers need to understand clearly to ensure that the process of changing land use purposes takes place smoothly and legally.

How to calculate land use fees when changing land use purposes to implement projects

Pursuant to Clause 1, Article 7 of Decree 103/2024/ND-CP, land use fees when changing land use purposes to implement projects are calculated according to the following formula:

Land use fee when changing land use purpose = Land use fee for land type after changing land use purpose – Land use fee, land rent for land types within the scope of project implementation before changing land use purpose (if any).

In there:

• Land use fees for land type after changing land use purpose = Land area for calculating land use fees after changing purpose x Land price for calculating land use fees.
• Land use fees and land rents for land types within the scope of project implementation before changing the land use purpose are calculated according to the provisions of Clause 2 and Clause 3, Article 7 of Decree 103/2024/ND-CP.
• In case the land use fee of the land after changing the land use purpose is less than or equal to the land fee before changing the land use purpose, the land use fee when changing the land use purpose is zero (=0).

Customers should pay attention to the calculation method to determine the exact amount of land use fees that they must pay when changing the land use purpose.

Consulting services on procedures for changing land use purposes to implement projects

Long Phan Consulting Company provides professional consulting services on procedures for changing land use purposes, including:

• Consulting on conditions and procedures for changing land use purposes.
• Drafting documents and representing customers to work with state agencies.
• Instructions on procedures for changing land use purposes to implement projects.
• Calculate costs and related financial obligations.
• Monitor implementation progress and resolve legal problems that arise.
• Consulting and answering other related issues.

With extensive experience and expertise, Long Phan Consulting Company is committed to supporting customers in carrying out procedures for changing land use purposes quickly, in accordance with regulations and ensuring the best benefits. We accompany throughout the process, from legal advice to completing procedures, helping customers save time and limit risks.

Frequently asked questions

Below are frequently asked questions about procedures for changing land use purposes to implement projects, customers can refer to:

What is the maximum time to complete the procedure for converting land use purpose?

Processing time should not exceed 20 days. For mountainous communes, islands, remote areas, areas with difficult socio-economic conditions, areas with particularly difficult socio-economic conditions, the implementation time is increased by 10 working days.

What happens if my records are incomplete or invalid?

The land registration office will guide you to supplement or redo your documents to resubmit.

What types of documents prove legal land use rights?

Documents proving land use rights include land use rights certificates, land allocation decisions, land lease decisions, or other legal documents issued by competent state agencies.

What restrictions are there on land use conversion?

The conversion must be consistent with land use planning and local socio-economic development plans and plans. Some special types of land may be restricted from conversion according to the provisions of law.

When is the field inspection process performed?

The field inspection process is carried out by the Land Registration Office to ensure the information in the records is accurate with the actual land use status.

What is a cadastral map extract of a land plot and why is it necessary?

Excerpt from the cadastral map of a land plot is a drawing showing the location, boundaries, and area of ​​the land plot, necessary to accurately determine land information in the application for change of use purpose.

In case of land dispute, will the procedure for changing land use purpose be interrupted?

Yes, in case the land is in dispute, the procedure for changing the land use purpose will be suspended until the dispute is resolved according to a court ruling or decision of a competent state agency.

Conclude

In order for the process of changing land use purposes to take place smoothly and legally, customers need to clearly understand the provisions of law, land use purpose change documents and other related documents. Long Phan Consulting Company is ready to assist customers in completing procedures quickly and effectively. When needing advice on procedures for changing land use purposes to implement projects, customers can contact the hotline: 0906735386 for support.