Farmland or land used for farm economy is one of the types of land in the group of agricultural land. Currently, more and more people choose to develop their economy according to the farm model. Can farmland build houses according to current regulations in Vietnam? Refer to the following article of Lawyer X for answers on this issue.
Legal grounds
- Land Law 2013
Types of farm land
Farmland is a type of land in the group of agricultural land specified in Article 10 of the 2013 Land Law, including the following types of land:
Land for annual crops includes land for rice cultivation and land for other annual crops;
Land for planting perennial crops;
Aquaculture land;
Soil for salt production;
Other agricultural land used for the 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;
At present, farmland is often used for gardening, ponds, barns, planting grass, farming, etc. to produce and do business as a farm economy combined with eco-resort.
Can farmland build houses?
Like other types of land, farmland is also governed by the 2013 Land Law and its guiding documents.
Farm land users
According to Clause 2, Article 142 of the Land Law 2013:
Land allocated by the State without collection of land use levy within the land allocation quotas to households and individuals directly engaged in agricultural production, forestry, aquaculture and salt production as prescribed in Article 129 of the Land Law 2013 ;
Land leased by the State;
Land leased, transferred, inherited or donated;
Land contracted by the organization; land contributed by households and individuals.
To own farmland, the user will need to have the right to use one of the above land groups.
Right to use farmland
– Individuals and households using farmland may change the purpose of land use in accordance with the law
– Individuals and family associations are allowed to continue using land for farm economy (in accordance with master plans and plans on land use approved by competent state agencies, without dispute) if they belong to one of the following cases:
Land allocated without land use levy within the limit of individuals or households directly engaged in agricultural, forestry, fishery, or salt production specified in Clause 1, Article 54 of the Land Law, may continue to use it according to the provisions of Clause 1, Article 54 of the Land Law. prescribed in Clause 1, Article 126 of this Law;
Land leased, transferred, inherited, donated or contracted by an organization by the State; capital contributed by households or individuals may continue to use them according to the provisions of this Law;
Land allocated without land use levy to individuals or households that are not directly engaged in agricultural, forestry, fishery, or salt production, upon the expiration of the allocated time limit, must be converted to land lease.
It is strictly forbidden to take advantage of the farm economic form to occupy land or hoard land for non-production purposes.
Farmland is agricultural land and the construction of structures on farmland is restricted. Article 10 of the Land Law stipulates a group of agricultural land, including some types of land used for the construction of greenhouses and other types of houses, etc. for the purpose of serving agricultural production, animal husbandry, cultivation, etc. Cultivation, study and experimental research, nursery of plants and animals…
Therefore, the regulations on building houses on farmland will be works directly serving agricultural production, not permanent houses serving people like houses.
Conditions for buying and selling farmland
In order to be able to buy and sell farm land, the buyer and seller or the transferor and transferee of farmland should pay attention to ensuring the conditions specified in article 188 of the Land Law 2013 as follows:
The land user has a certificate of land use right
Land transferred, bought and sold is land without dispute.
Land transferred, purchased and sold must have an expiration date
Conditions for buyers and sellers of farmland
Farm land is a type of land for farm economic development and is also agricultural land, so the transfer and sale of farmland will have to ensure specific conditions on the subject of limited purchase and transfer. Specifically, Clause 3, Article 191 of the 2013 Land Law stipulates cases in which the transfer of land use rights is not allowed, which are:
“3. Households and individuals that are not directly engaged in agricultural production are not allowed to transfer or donate rice land use rights.”
In addition, Article b, Clause 1, Article 179 of the Land Law stipulates the rights and obligations of households and individuals using agricultural land that they can only convert in the same commune, ward or township with their families and individuals. other individuals.
Thus, according to the law, an individual household can only receive the transfer of farmland use right when it is directly engaged in production and the transferred land must be in the same commune, ward or township.
Limit for receiving transfer of farmland
The limit for receiving the transfer of agricultural land use rights of households and individuals shall comply with the provisions of Articles 130 and Clause 2, Article 129 of the 2013 Land Law. doing farm business not exceeding 10 times the agricultural land allocation quota corresponding to each type of land.
In which, the limit of land used for farm economy is land for growing perennial crops, with a maximum limit of 10 hectares in the plains, 30 hectares in the midland and mountainous areas. Thus, for land planted with perennial crops, the maximum transfer limit is 100 ha for communes, wards and townships in the delta and 300 ha for communes, wards and townships in the midland and mountainous areas.
Procedures for buying and selling farmland
When the buyer and seller of farmland and land for sale meet the conditions for transferring agricultural land as prescribed by law, the parties to the transfer transaction will need to complete all procedures for purchase, sale, transfer, registration. Sign changes when receiving land transfer
Regulations on sale and purchase of farmland comply with the regulations on transfer of agricultural land. Therefore, it is necessary to pay attention to the procedures for registration of land changes according to Point a, Clause 4, Article 95 of the 2013 Land Law. The time limit for registration of land changes shall not exceed 30 days from the date of the change.
The recipient of the transfer, purchase and sale of farmland will have to carry out the procedures for registration of land changes when buying land for farming.
Please see more:
- Transfer of investment projects associated with the transfer of land use rights in Vietnam
- Guidance on procedures for transferring land use rights in Vietnam
- Procedure to apply for change of use purpose in Vietnam
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Frequently asked questions
An application for a certificate of farm economy (according to the form).
Notarized copy of land use right certificate.
Brief summary report on the type of farm, scale, results of investment and production and business situation of the farm, certified by the Commune People’s Committee where the farm is operating.
Notarized copy of ID/CCCD, with 3 x 4 photo of the farm owner.
Pursuant to Article 3 of Circular 27/2011/TT-BNNPTNT stipulating the criteria and procedures for granting certificates of farm economy, farms are defined by production fields as follows:
– Cultivation farm;
Farm;
– Forestry farm;
– Aquaculture farms;
General farm.
In addition, specialized farms (cultivation, livestock, forestry, aquaculture) are farms with a proportion of the value of agricultural products and commodities of the industry accounting for more than 50% of the structure of commodity output value. of the farm during the year.
In case no industry accounts for more than 50% of the value of commodity output, it is called a general farm.
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