Construction of Barns on Agricultural Land Without Registering Changes: Are There Penalties?

According to Clause 1, Article 12 of Circular 33/2017/TT-BTNMT, it is stipulated that the following cases do not require permission from the competent state authority for land use purpose change but must register for land changes, including:

- Converting annual crop land to other agricultural land, including:

+ Land used for the construction of greenhouses and other types of houses for cultivation purposes;

+ Land for building animal husbandry farms for livestock, poultry, and other types of animals permitted by law;

+ Land for aquaculture purposes for study and experimental research;

Thus, according to the above regulation, agricultural land that is converted to construct animal husbandry farms does not require permission from the competent state authority but must register for land changes.

Therefore, your family needs to perform the land change registration procedures at the Land Registration Office or the Division of Natural Resources and Environment at the district/commune-level town level.

The law stipulates that land change registration must be performed within 30 days from the date of the occurrence of the change. If more than 30 days have passed without registering the change, the land user is in violation of the law. Therefore, if violated, you will be fined for not registering the change (Article 95 of the Land Law 2013). Specifically:

According to Clause 2, Article 17 of Decree 91/2019/ND-CP, the penalty for late registration of change in land use rights is as follows:

- A fine from 1,000,000 VND to 3,000,000 VND if within 24 months from the overdue date specified in Clause 6, Article 95 of the Land Law without registering the change;

- A fine from 2,000,000 VND to 5,000,000 VND if more than 24 months from the overdue date specified in Clause 6, Article 95 of the Land Law without registering the change.

Note: For cases of not registering land changes in urban areas, the penalty will be twice the above-mentioned amount.

Additionally, the person using the land in cases of not registering land changes must perform land registration procedures according to regulations.

Sincerely!