Faced with the increasing demand for housing construction, many people send questions to LawNet about the issue: Is it possible to build a house on agricultural land? If you want to build a house on agricultural land, what should you do? The following article will send you 04 important information to know about building a house on agricultural land.
Article table of contents
Want to build a house on agricultural land: 04 important information to know (Artwork)
1. What is agricultural land and what is the use of agricultural land in Vietnam?
According to Clause 1, Article 10 of the 2013 Land Law of Vietnam, the agricultural land group includes the following types of land:
- Land for annual crops, including land for rice cultivation and land for other annual crops;
- Land for planting perennial crops;
- Production forest land;
- Protection forest land;
- Special-use forest land;
- Aquaculture land;
- Salt-making land;
- 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 the land; building barns for raising cattle, poultry and other animals permitted by law; land for cultivation, animal husbandry and aquaculture for the purpose of study, research and experiment; nursery land for seedlings, seedlings and land for planting flowers and ornamental plants;
According to the above regulations, agricultural land is used for agricultural production purposes such as cultivation, animal husbandry, aquaculture, salt making... and has no residential purpose.
2. Can I build a house on agricultural land in Vietnam?
According to Clause 1, Article 6 and Clause 1, Article 170 of the 2013 Land Law of Vietnam, agricultural land users are obliged to use land in accordance with the land use master plan and plan, for the right purpose of land use, and within the boundaries of the land plot, in accordance with regulations on the use of depth in the ground and height in the air, protection of public works in the ground, and compliance with other provisions of relevant laws.
However, as analyzed above, agricultural land has no purpose for living, so land users are not allowed to build houses on agricultural land.
3. Penalties for building houses on agricultural land in Vietnam?
Due to the high demand for housing, many people still build houses on agricultural land. However, according to Point d, Clause 1, Article 57 of the 2013 Land Law of Vietnam, the change of agricultural land use purpose to residential land must be approved by a competent state agency. In case a land user arbitrarily changes the purpose of using agricultural land to residential land (construction of houses on agricultural land) without the permission of the competent state agency, it is a violation of the law, so he will be prosecuted. penalty according to regulations.
>> See details of fines when building houses on agricultural land HERE .
4. How to build a house on agricultural land in Vietnam?
Land users who want to build houses on agricultural land must first carry out procedures to change the land use purpose from agricultural land to residential land.
Procedures for applying for change of land use purpose are as follows:
- Land users submit dossiers of application for permission to change land use purpose from agricultural land to residential land to the natural resources and environment agency (where the land is located) for settlement according to their competence.
The application file includes the following documents:
+ An application for permission to change the land use purpose;
+ Certificate to natural resources and environment agency (original)
- After receiving the dossier, the natural resources and environment agency will conduct the examination of the dossier; verify the field, assess the need to change the land use purpose and guide the land user to fulfill financial obligations as prescribed by law; submit to the People's Committee at the competent level for decision permitting the change of land use purpose; directing the updating and correction of land databases and cadastral records.
Application form: Submit in person or by postal service.
When changing the land use purpose from agricultural land to residential land, land users must fulfill financial obligations as prescribed by law; the land use regime, rights, and obligations of land users shall be applied according to the type of residential land after the use purpose is changed (according to Clause 2, Article 57 of the Land Law of Vietnam ).
After the land use purpose has been changed from agricultural land to residential land, the land user can proceed to build houses on the converted land area.
Note: In the case of building houses on land in urban areas or in conservation zones, historical-cultural relics, land users must apply for construction permits before starting construction. according to Article 89 of the Law on Construction 2014).
Bao Ngoc
