Is it possible to use agricultural land fund to build charity houses in Vietnam? Does converting residential land to agricultural land require permission in Vietnam?

Is it possible to use agricultural land fund to build charity houses in Vietnam?

I would like to ask, my commune has a plot of land belonging to the agricultural land fund used for public purposes of the commune. Now, is it possible to build a charity house there?

Reply:

Pursuant to Point c, Clause 2, Article 132 of the 2013 Land Law, it is stipulated as follows:

2. The agricultural land fund for public purposes of a commune, ward or township shall be used for the following purposes:

a/ Construction of public facilities of the locality, including facilities for culture, physical training and sports, entertainment, recreation, health, education, markets, cemeteries, graveyards and other public facilities in accordance with regulations of the provincial-level People’s Committee;

b/ Compensation for people whose land is used for construction of public facilities as prescribed at Point a of this Clause;

c/ Construction of gratitude houses and charity houses.

Thus, in principle, the agricultural land fund is used for public purposes of a commune, ward or township to build houses of gratitude and charity. However, it is necessary to base on the actual situation in the locality that the Commune People's Committee has appropriate plans or plans for using this land plot in Vietnam.

Is it possible to use agricultural land fund to build charity houses in Vietnam? Does converting residential land to agricultural land require permission in Vietnam? (Image from the Internet)

Does converting residential land to agricultural land require permission in Vietnam?

I just bought a new house. My current house is old and no one lives anymore (because I moved to a new house). I want to demolish the old house and rent the land to others to grow vegetables. I don't know if I need to ask for permission to change the land use purpose from residential land to agricultural land? Or is it necessary to register fluctuations?

Reply:

According to Clause 1, Article 57 of the 2013 Land Law, change of land use purpose include:

1. Cases in which change of land use purpose requires permission by competent state agencies:

a/ Change of land for rice cultivation to land for perennial crops, forests, aquaculture or salt production;

b/ Change of land for other annual crops to land for saltwater aquaculture, salt production or aquaculture in ponds, lakes or marshlands;

c/ Change of land for special-use forests, protection forests or production forests to land for other purposes within the type of agricultural land;

d/ Change of agricultural land to non-agricultural land;

e/ Change of non-agricultural land which is allocated by the State without land use levy to non-agricultural land which is allocated by the State with land use levy, or to leased land;

f/ Change of non-agricultural land which is not residential land to residential land;

g/ Change of land for construction of non-business facilities or land for public purposes involving commercial purpose, or non-agricultural land for business and production purposes which is not land for trading or services to land for trading or services; change of land for trading or services or land for construction of non-commercial facilities to land for non-agricultural production establishments.

Thus, changing the purpose of using residential land to agricultural land does not require permission from a competent state agency in Vietnam.

In addition, according to Clause 1, Article 12, Circular 33/2017/TT-BTNMT stipulates that cases of changing land use purposes do not require permission from competent state agencies but must register changes, including:

- Converting annual crop land to other agricultural land includes: land used to build greenhouses and other types of houses for farming purposes; land to build barns for raising cattle, poultry and other animals as permitted by law; aquaculture for learning, research and experimental purposes;

- Converting land for growing other annual crops and aquaculture land to growing perennial crops;

- Converting land for growing perennial crops to land for aquaculture or land for growing annual crops;

- Converting residential land to non-agricultural land that is not residential land;

- Converting commercial and service land to non-agricultural production and business land that is not commercial or service land; converting non-agricultural production and business land that is not commercial or service land or land for non-agricultural production establishments to land for construction of public works.

So in your case there is no need to register changes in Vietnam.

Does limit on agricultural land allocation not exceed 5 hectares in Vietnam?

My family lives in Tan Hop commune, Moc Chau District, recently the government allocated 20 hectares of land for growing perennial crops to my family, while I heard others say it is only a maximum of 5 hectares. Is it possible to allocate land to them? Is my family's above area legal?

Reply:

Pursuant to Clause 4, Article 129 of the 2013 Land Law, regulations on allocation quotas for agricultural land are as follows:

4. In case a household or individual is allocated with land of different categories including land for cultivation of annual crops, land for aquaculture and land for salt production, the total quota for all categories must not exceed 5 hectares.

If the household or individual is additionally allocated with land for perennial crops, the land allocation quota for perennial crops must not exceed 5 hectares in a delta commune, ward or township and must not exceed 25 hectares in a midland and mountainous commune, ward or township.

If the household or individual is additionally allocated with land for production forest, the land allocation quota for production forest must not exceed 25 hectares.

Thus, based on the above case in Tan Hop commune, Moc Chau, this is a mountainous commune, so the allocation of 20 hectares of land to households is completely in accordance with the law, but no more than 05 hectares is applicable in Vietnam. 

Best regards!