Is it possible to build a new house on disputed land in Vietnam?
Is it possible to build a new house on disputed land in Vietnam? Is it possible to build a house if a person owes land use levy in Vietnam? What are the conditions for obtaining a construction permit in Vietnam?
Hello Lawnet. My family has been granted land use rights by the government since 1995 with an area of 350 square meters. However, recently, the land price has increased, so the surrounding households have encroached on my land. The authorities have put up a sign on my land that it is disputed. I am planning to build a house for my son, but I am not sure if it is allowed.
Looking forward to your consultation. Thank you!
Is it possible to build a new house on disputed land in Vietnam?
Pursuant to Article 122 of the Civil Procedure Code in 2015 stipulating prohibiting the change of existing conditions of disputed properties as follows:
The prohibition to change the existing conditions of disputed properties shall apply if in the process of settling cases there are grounds showing that the persons possessing or keeping the disputed properties are committing acts of disassembly, assembly, expansion or other acts, thus changing the existing conditions of such properties.
If you are subject to a temporary urgent measure of prohibiting the change of existing conditions of disputed properties, you are not allowed to build any further.
Is it possible to build a new house on disputed land in Vietnam? - Source: Internet
Is it possible to build a house if a person owes land use levy in Vietnam?
Pursuant to Article 168 of the Law on Land in 2013 stipulating time to exercise the rights of land users as follows:
1. Land users may exercise the rights to transfer, lease, sublease, donate and mortgage land use rights and to contribute land use rights as capital upon receipt of a certificate. In case of exchanging agricultural land use rights, land users may exercise their rights upon receipt of a decision on land allocation or land lease. In case of inheritance of land use rights, land users may exercise their rights upon receipt of a certificate or when they are eligible to be granted a certificate.
A land user who is allowed to delay the performance of, or owe, his/her financial obligations, may exercise his/her rights only after fulfilling all financial obligations.
2. The transfer of land use rights within an investment project on construction of houses for sale or lease or the transfer of land use rights together with the whole project within an investment project on construction of infrastructure for transfer or lease may only be conducted upon receipt of a certificate and satisfaction of all conditions prescribed in Article 194 of this Law.
When you owe land use levy, you will be restricted from exercising your rights to transfer, lease, sublease, donate, mortgage, or contribute land use rights. However, you will not be restricted from applying for a construction permit on that land.
Therefore, if you have a land use certificate, you are still allowed to build a house and apply for a construction permit.
What are the conditions for obtaining a construction permit in Vietnam?
Pursuant to Article 41 of the Decree 15/2021/NĐ-CP stipulating requirements for issuance of construction permit as follows:
1. Requirements for issuance of a construction permit shall comply with Article 91, Article 92, Article 93 and Article 94 of the Law on Construction dated 2014, amended in the Law on Architecture 2019 and the Law No. 62/2020/QH14.
2. For areas without urban planning, construction planning for functional areas or detailed construction planning for rural residential area, a planning which is of technical nature, relevant fields or regulations on architectural management or a document of a competent authority approving the location and layout drawing (for works not built by routes outside urban areas) is the basis for consideration of granting a construction permit.
3. As for a work under a construction project that does not require formulation of a detailed construction planning according to the provisions of law on plannings, a work of a construction project implemented by a corporate investor with the scale of less than 05 hectares (less than 02 hectares for a project to build condominiums), a zoning planning is the basis to consider granting a construction permit.
4. As for a work with great impact on community safety and benefits which requires assessment as prescribed in clause 6 Article 82 of the Law on Construction 2014, amended in the Law on Architecture 2019 and the Law No. 62/2020/QH14, an assessment report, in addition to the investor's own requirements, must have a conclusion specifying that the construction design documents meet the construction safety requirements and comply with technical standards and regulations.
Above are the conditions for obtaining a construction permit in Vietnam.
Best regards!
