Residential land is the most common and well-known type of land. There we can build houses, construction works for the purpose of use.So about the matter “Can a house be built beyond the residential area in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
What does residential land mean?
Residential land is residential land – land used to build houses.
According to the land law, there is no type of land called residential land. Residential land is a common name used by people to refer to residential land, including residential land in rural areas and residential land in urban areas. In other words, residential land is not the type of land prescribed by the land law, which is what people call it. Pursuant to Clause 1, Article 125 of the 2013 Land Law, residential land used by households and individuals is a type of land with stable and long-term land use (with indefinite term of use, not permanent use).
Can a house be built beyond the residential area in Vietnam?
Pursuant to Article 170 of the 2013 Land Law on the obligations of land users:
“Article 170. General obligations of land users
1. Use the land for the right purposes, within the boundaries of the land plot, in accordance with the regulations on the use of the depth in the ground and the height in the air, the protection of public works in the ground, and compliance with other regulations of the Government. relevant laws.
2. To make land registration declarations; to complete all procedures when converting, transferring, leasing, subleasing, inheriting or donating land use rights; mortgage or contribute capital with land use rights as prescribed by law.
3. To fulfill financial obligations as prescribed by law.
4. Take measures to protect the land.
5. Comply with regulations on environmental protection, without harming the legitimate interests of relevant land users.
6. Comply with the provisions of the law on finding objects in the ground.
7. To hand over land when the State issues a decision on land recovery, when the land use term expires but the land use term is not extended by a competent state agency.”
Land users must use the land for the right purposes so it is illegal to build houses that exceeds the area of residential land.
What to do when building a house that exceeds the residential land area in the land use right certificate?
In case the construction of a house exceeds the residential land area specified in the land use right certificate, the procedures for conversion of land use purpose can be carried out in the following order:
+ Land users wishing to change land use purposes shall submit dossiers to the Department of Natural Resources and Environment.
+ The Department of Natural Resources and Environment is responsible for verifying documents and verifying the field; consider the suitability with detailed land use master plans and plans or land use master plans and plans in case there is no detailed master plan or plan on land use; direct the affiliated land use right registration office to make a copy of the cadastral dossier.
+ The land registration office makes a copy of the cadastral dossier and sends it to the Department of Natural Resources and Environment and sends the cadastral data to the tax authority to determine financial obligations.
+ The Division of Natural Resources and Environment is responsible for submitting to the People’s Committee of the province a decision on change of land use purpose; amend the certificate of land use right; re-sign the land lease contract in case of land lease.
+ The Department of Natural Resources and Environment returns the revised land use right certificate to the land user.
Dossier for change of land use purpose according to regulations
A dossier of land use purpose change includes:
+ An application for change of land use purpose;
+ Certificate of land use right or one of the following land use right papers (if any):
a) Papers on the right to use land before October 15, 1993, issued by a competent authority during the implementation of the land policy of the State of the Democratic Republic of Vietnam, the Government of the Forestry Revolution; the Republic of South Vietnam and the State of the Socialist Republic of Vietnam;
b) A temporary certificate of land use right granted by a competent state agency or named in the land register or cadastral book;
c) Lawful papers on inheritance or donation of land use rights or land-attached assets; papers on handover of gratitude houses attached to land;
d) Papers on transfer of land use rights, purchase and sale of houses attached to residential land before October 15, 1993, now certified by the People’s Committees of communes, wards and townships as having been used before the 15th of this month. October 1993;
dd) Papers on liquidation and valuation of houses attached to residential land as prescribed by law;
e) Papers issued by competent agencies under the old regime to land users.
f) Households and individuals currently using land have one of the above-mentioned papers (from clauses a to e) in which another person’s name is written, together with papers on the transfer of land use rights. signed by relevant parties, but before July 1, 2004, the procedures for transferring land use rights have not been carried out as prescribed by law, now certified by the People’s Committees of communes, wards and townships undisputed land.
g) The judgment or decision of the People’s Court, the judgment enforcement decision of the judgment enforcement agency, the decision to settle the land dispute of the competent state agency has been executed.
Financial obligations of land users when carrying out the procedures for applying for land use purpose change are specified at Point a, Clause 2, Article 5 of Decree 45/2014/ND-CP on collection of land use levies.
Change from garden or pond land in the same parcel of land with houses in a residential area that is not recognized as residential land as prescribed in Clause 6, Article 103 of the Land Law into residential land; moved from land originating from garden land, ponds attached to houses but the land users separated to transfer the rights or because the surveying unit, when measuring and drawing cadastral maps before July 1, 2004 measured by themselves divided into separate parcels into residential land, the land use levy shall be equal to 50% of the difference between the land use levy calculated at the residential land price and the land use levy calculated at the agricultural land price at the time of the decision to change the purpose of the residential land competent state agency.
Services of LSX
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, LSX’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all brand information of client LSX will be 100% confidential.
Please contact us immediately if you have any questions about “Can a house be built beyond the residential area in Vietnam?”
Contact LSX
Finally, hope this article is useful for you to answer the question about “Can a house be built beyond the residential area in Vietnam?” If you need any further information, please contact LSX Law firm: at +84846175333 or Email: [email protected]
Please see more
- Determining land rent in industrial parks in Vietnam
- Sequence of recovering encroached land in Vietnam
- Regulations on rice land acquisition in Vietnam
Frequently asked questions
How much is the penalty for the behavior?
For acts of construction not in accordance with the construction permit, the violation will be handled according to the provisions of Clause 5, Clause 9, Article 13 of Decree No. 121/2013/ND-CP of the Government: Regulations on sanctioning administrative violations in house construction activities on violations of regulations on construction organization:
Penalties for acts of organizing the construction of works against the contents of the granted construction permits in case of new construction permits are as follows:
a) A warning or a fine of between VND 500,000 and 1,000,000 shall be imposed for construction of separate houses in rural areas or construction of other works that do not fall into the cases specified at Points b and c of this Clause;
b) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for building separate houses in urban areas;
c) A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for construction of works in cases where economic-technical reports on work construction or construction investment projects are required.
Have to be forced to dismantle the works when building beyond the residential area in Vietnam?
We base on Clause 4, Article 15 of Decree 139/2017/ND-CP on sanctioning of administrative violations in the field of construction investment as follows:
Article 15. Violations against regulations on construction order
Sanctions for acts of organizing the construction of works against the contents of the granted construction permit (except for the case specified at Points a, b, and c, Clause 7 of this Article) in case of granting New construction permits are as follows:
a) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for building separate houses in urban areas;
Remedial measures:
d) Forcible dismantling of the offending construction work or part, for the acts specified in Clauses 2, 4, and 5 (with which the violation has ended), Clauses 6 and 7 of this Article.
For his family’s case, it is likely that he will have to pay a fine from 10 million to 20 million for his illegal behavior. In addition to being sanctioned for administrative violations (paying fines), he was also forced to dismantle the works; construction works in violation.
You can carry out the procedure for land use conversion in the following order:
Land users wishing to change land use purposes shall submit dossiers to the Department of Natural Resources and Environment.
The Department of Natural Resources and Environment is responsible for verifying documents and verifying the field; consider the suitability with detailed land use master plans and plans or land use master plans and plans in case there is no detailed master plan or plan on land use; direct the affiliated land use right registration office to make a copy of the cadastral dossier.
The land registration office makes a copy of the cadastral dossier and sends it to the Department of Natural Resources and Environment and sends the cadastral data to the tax authority to determine financial obligations.
The Division of Natural Resources and Environment is responsible for submitting to the People’s Committee of the province a decision on change of land use purpose; amend the certificate of land use right; re-sign the land lease contract in case of land lease.
The Department of Natural Resources and Environment returns the revised land use right certificate to the land user.
Conclusion: So the above is Can a house be built beyond the residential area in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
