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- 07 / 09 / 2021 -
Cases of transfering land use rights without authorizing

On June 30, 2021, the Ministry of Natural Resources and Environment issued Circular No. 09/2021/TT-BTNMT amending some Articles of circulars elaborating and proving guidelines for Land Law. This document takes effect from September 1, 2021.

Accordingly, cases of transferring land-use rights without obtaining permission from competent state agencies but must register fluctuations include:
• Repurposing of land for annual plant farming land into other types of agriculture land, namely: Land for construction of greenhouses and other housing for crop production; land for construction of housing for livestock, poultry, and other lawful animals; and land for aquaculture for the purposes of study, research and experimentation;
• Repurposing of other lands for annual plant farming land farming and land for aquaculture into land for perennial plant farming;
• Repurposing of land for perennial plant farming into land for aquaculture and land for annual plant farming;
• Repurposing of residential land into non-agricultural land which is not the residential land;
• Repurposing of land for trading, service activities into land for non-agricultural business which is not the land for non-agricultural production base (Amendments); Repurposing of land for non-agricultural business which is not the land for non-agricultural production base and land for non-agricultural business into land for construction of non-business works.

Accordingly, Circular 09/2021/TT-BTNMT has removed the case “Repurposing of land for trading, service activities into land for non-agricultural production base” from the list of cases that do not require permission but must register fluctuations at Clause 1, Article 12 of the previous Circular 33/2017/TT-BTNMT, this adjustment is consistent with point g, Clause 1, Article 57 of the Land Law 2013.