Is it permitted to construct temporary houses on perennial crop land in Vietnam?
Is it permitted to construct temporary houses on perennial crop land in Vietnam?
Based on Article 131 of the Construction Law 2014 (amended by clause 49, Article 1 of the Amended Construction Law 2020), the construction of temporary structures is stipulated as follows:
Article 131. Construction of Temporary Structures
- Temporary structures are those built for a duration to serve the following purposes:
a) Undertaking the construction of the main project;
b) Use for organizing events or other activities within the period specified in clause 2 of this Article.
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Based on clause 2, Article 4 of Decree 102/2024/ND-CP, following types of land are within the agricultural land group:
Article 4. Detailed Regulations on Types of Land in the Agricultural Land Group
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- Perennial crop land is used for the purpose of planting crops that are sown once, grow for many years, and yield harvests one or multiple times.
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According to Article 5 of the Land Law 2024, the principles of land use are as follows:
Article 5. Principles of Land Use
- Correct usage per the land use purpose.
- Sustainable, economical, and efficient regarding land and resources above and below the land surface.
- Protect land, protect the environment, adapt to climate change, and avoid abuse of pesticides and fertilizers causing pollution or land degradation.
- Fulfill the rights and obligations of land users within the usage period as prescribed by this Law and other related legislation; do not infringe upon the legal rights and interests of adjacent and surrounding land users.
According to the above regulations, perennial crop land is to be used for planting crops that are sown once, grow for many years, and yield harvests one or multiple times.
According to the principles of land use, land must be used in accordance with its designated land use purpose. Temporary houses are built on non-agricultural land (residential land), whereas perennial crop land falls under agricultural land used for planting the specified crops.
Therefore, building temporary houses on perennial crop land is not permitted by law.
Is it permitted to construct temporary houses on perennial crop land in Vietnam? (Image from the Internet)
How Long Can Perennial Crop Land Go Unused Before Being Reclaimed?
Based on clause 7, Article 81 of the Land Law 2024 which states the cases of land reclamation due to land law violations:
Article 81. Cases of Land Reclamation Due to Land Law Violations
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- Annual crop land, aquaculture land not used for 12 consecutive months, perennial crop land not used for 18 consecutive months, forest land not used for 24 consecutive months and already subjected to administrative penalties but land usage has not commenced within the timeframe stated in the administrative penalty decision;
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According to the above regulation, if perennial crop land is not used for 18 consecutive months and has been subjected to administrative penalties without commencing use within the timeframe stated in the administrative penalty decision, the land will be reclaimed by the state due to land law violations.
What is the time limit for reclamation of unused land for perennial crops in Vietnam?
Based on Article 172 of the Land Law 2024 on land used on a term basis:
Article 172. Land Used on a Term Basis
- Except for cases specified in Article 171 of this Law, the land use term when the state allocates land, leases land, recognizes land use rights is stipulated as follows:
a) The term for allocating land, recognizing agricultural land use rights for individuals directly engaged in agricultural production using annual crop land, aquaculture land, salt production land, perennial crop land, production forest land being planted forests within the limits stipulated in Article 176 of this Law is 50 years. Upon expiry of the land use term, the land can continue to be used according to the provision in this clause without having to undergo renewal procedures;
b) The term for leasing agricultural land to individuals is not more than 50 years. Upon expiry of the lease term, individuals with demand may be considered by the state for continued lease for no more than 50 years;
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According to the above regulation, perennial crop land allocated by the state, leased land, recognized land use rights within the prescribed limit has a use term of 50 years. Upon expiry of the land use term, the land can continue to be used according to the provision without having to undergo renewal procedures.
