Can you build a house in crop land under Vietnam law?

Vietnam is an agricultural country and agricultural production is an important economic sector of our country. Therefore, the agricultural land area of ​​our country is quite large and most of the state has assigned or recognized the right to use agricultural land to households and individuals for cultivation and production. So about the matter ‘Can you build a house in crop land under Vietnam law?” Let’s find out with LSX in the article below.

Legal basis

Land Law 2013

What is crop land?

According to the provisions of the Land Law 2013 and its guiding documents, there is currently no regulation or explanation of what cropland is. However, based on practice shows that cropland is specialized land for growing crops such as potatoes, beans, peanuts instead of rice (annual crops that are not rice).

At Point a, Clause 1, Article 10 of the 2013 Land Law:

“Land for annual crops includes land for rice cultivation (land for specializing in wet rice cultivation, land for upland rice cultivation, the remaining land for wet rice cultivation) and land for other annual crops.”

According to the provisions of the Law on Land 2013, based on the purpose of land use, land will be classified into three groups of land: agricultural land, non-agricultural land, and unused land. The agricultural land group includes the following types of land:

– Type of land for annual crops, including land for rice cultivation and other annual crops;

– Type of land for planting perennial crops;

– Type of production forest land;

– Type of protection forest land;

– Type of special-use forest land;

– Type of land for aquaculture;

– Type of soil for making salt;

– Other types of agricultural land, including land used for the purpose of building greenhouses and other types of houses for cultivation purposes, including forms of cultivation not directly on the land; the purpose of building stables for raising cattle, poultry and other animals as permitted by law; land for cultivation, for animal husbandry, for aquaculture for learning purposes, for research and experiment purposes; land to nurse seedlings and seedlings and land to grow flowers and ornamental plants.

According to the regulations on the types of land in the agricultural land group, it is not specified in detail the type of cropland, however, the land for growing crops is the land for growing other annual crops in the agricultural land group (mainly planting all kinds of crops). plants that are planted, harvested and finished in the production cycle within a period of no more than 1 year, including annual plants whose roots are saved for harvesting for no more than 5 years).

Can you build a house in crop land under Vietnam law?

Pursuant to the provisions of Article 52 and Point d, Clause 1, Article 57 of the 2013 Land Law, land users may only convert cropland to residential land with the consent of a competent state agency.

Thus, in other words, when crop land is converted to residential land, there must be a decision permitting the change of land use purpose according to regulations.

In order to have a decision on permitting the change of land use purpose from a competent state agency, the following two conditions must be met:

• Condition 1: Demand for residential land shown in the application for change of land use purpose (necessary condition)

• Condition 2: The district’s annual land use plan allows the change of land use purpose from agricultural land to non-agricultural land, including residential land (sufficient conditions)

Although the application clearly states the need to use residential land such as children moving out to live on their own but without residential land, but the land use plan does not change the land use purpose, the competent agency is not allowed to issue a decision. permit the change of land use purpose.

Note: Although the law stipulates the grounds for allowing land use change in Article 52 of the 2013 Land Law, in fact, many localities have land use plans that do not show clearly, so households and individuals should If the purpose is changed, a dossier should be prepared to send to the competent authority for consideration and decision.

Thus, crop land can be built when the land use purpose is converted by a competent state agency.

 Regulations on change of land use purpose from crop land to non-agricultural land

Based on the provisions of the Law on Land, when households and individuals want to change the purpose of land use from crop land to non-agricultural land which is residential land to build houses, they must first base themselves on the plan. annual land use of the district that has been approved by the competent authority.

Article 57 of the 2013 Land Law stipulates that the change of land use purpose must be approved by a competent state agency, specifically as follows:

– Change from land for rice cultivation to land for growing perennial crops, to land for afforestation, to land for aquaculture, to land for salt production;

– Change from land for planting other annual crops to land for saltwater aquaculture, to land for salt production, to land for aquaculture in the form of ponds, lakes or lagoons;

– Transfer from special-use forest land, from protection forest land, from production forest land to use for other purposes in the group of agricultural land;

– Change from agricultural land to non-agricultural land group;

– Change from non-agricultural land which is allocated by the State without land use levy to non-agricultural land which is allocated land by the State with collection of land use levy or land lease;

– Change from non-agricultural land but not residential land to residential land;

– Transfer from land for construction of non-business works, from land used for public purposes but with business purposes, from non-agricultural production and business land but not commercial or service land to commercial land. trade and services; change from commercial and service land, from land for construction of non-business works to land for non-agricultural production establishments.

According to the above regulations, when individuals and households carry out procedures to change the purpose of land use from cropland to non-agricultural land which is residential land, these subjects are required to carry out procedures to obtain permission from the authorities. competent authority.

Thus, in order for households and individuals to get the decision to allow the change of land use purpose from crop land to non-agricultural land which is residential land for house construction by a competent state agency, it is necessary to meet the following requirements: the following two conditions are met:

– The first condition: The demand for residential land use is shown in the application for change of land use purpose (this is a necessary condition)

– Second condition: The annual land use plan of the district allows the change of land use purpose from agricultural land to non-agricultural land which is residential land (this is a sufficient condition)

Procedures for transferring crop land to build a house

Step 1: Submit your application

– Where to submit documents when changing land use purpose:

• Option 1: The locality has established a one-stop-shop to receive documents and return results, then submit them at the district-level one-stop-shop for transfer to the Department of Natural Resources and Environment.

• Option 2: If the locality has not established a one-stop shop to receive and return results, households and individuals must submit directly to the Department of Natural Resources and Environment.

– Receipt of dossiers: If the dossier is invalid or incomplete, within 03 (three) working days, the receiving agency handling the dossier must notify and guide the applicant to supplement the dossier. , complete the profile as prescribed.

Step 2: Resolve the request

In this step, the most important thing is that households and individuals must pay the land use levy according to the correct amount and on time as notified by the tax authority.

Step 3: Issue the decision to allow the change of land use purpose

Implementation time: No more than 15 working days from the date of receipt of valid dossiers (excluding the time to fulfill financial obligations of households and individuals); no more than 25 working days for communes in mountainous, island, deep-lying and remote areas, areas with difficult socio-economic conditions, and extremely difficult areas.

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Please see more

• Mortgage of agricultural land in Vietnam for bank loans
• Rights and obligations of households, individuals using land in Vietnam
• Cost of changing land use purpose in Vietnam

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