In Vietnam, houses on agricultural land are constructed?

Agricultural land in Vietnam means a group of land categories banned from use for residential purposes. Were a house built on agricultural land in Vietnam?

In Vietnam, houses on agricultural land are constructed?

1. Principles for use of land in Vietnam

According to Article 6 of the Law on Land 2013:

- Compliance with land use master plans and plans and proper land use purposes.

- Ensuring thrift, efficiency, environmental protection and not harming the legitimate interests of surrounding land users.

- Land users shall exercise their rights and perform their obligations within the land use term in accordance with this Law and other relevant laws.

As mentioned above, the principle of using land, including agricultural land must be ensured.

2. Not to build houses on agricultural land in Vietnam

Currently, according to Article 10 of the 2013 Law on Land, types of agricultural land, including land types after:

- Land for annual crops, including land for rice cultivation and land for annual crops;

- Perennial crop land;

- Production forest land;

- Protective forest land;

- Special-use forest land;

- Land for aquaculture;

- Land for salt making;

- Other agricultural land, including:

+ Land used for construction of greenhouses and other types of houses for cultivation purposes, including forms of cultivation not directly on land;

+ Building stables and farms for raising cattle, poultry and other animals permitted by law;

+ Cultivation, husbandry and aquaculture land for learning, experimental research;

+ Land for nursing seedlings and breeding animals, land for flower and ornamental trees.

It must use agricultural land for the prescribed purpose. Therefore, the building of houses on agricultural land or other land categories other than residential land is a violation of law and shall be handled according to regulations.

3. Procedures for change of land use purpose in Vietnam

In Clause 1 Article 57 of the 2013 Law on Land, the conversion of land use purpose from agricultural land to non-agricultural land must be permitted by State agencies;

Pursuant to Article 69 of the Decree No. 43/2014/ND-CP stipulating the procedures for permission to change the land use purpose as follows:

Step 1: Submitting dossier

A land user shall submit an application for change of land use purpose enclosed with the certificate to the natural resources and environment agency.

Step 2: Verification and handling of dossier

- Natural resources and environment agencies shall verify dossiers;

- Field verification and appraisal of the demand for land repurposing;

- Guide the land user to fulfill the financial obligations as prescribed by law; request the competent People's Committee to permit the land repurposing;

- Directing the update and modification of land database and cadastral records.

(In case the investor receives the land use right from the current land user to execute the investment project, the procedure for transferring the land use right shall be carried out simultaneously with the procedure for changing the land use purpose).

Step 3: Fulfill financial obligations

The land user shall fulfill financial obligations as prescribed.

As above, the people who wish to build dwelling houses must carry out the procedures for transferring the agricultural land use purpose to non-agricultural land or residential land.

Ngoc Nhi

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