At present, it can be said that for a developing country like Vietnam, the advocacy as well as the issuance of preferential policies for individuals and organizations to make the transition from purely agricultural to modern industrial orientation is very important. of course the government is concerned. Therefore, the fact that our State has given a lot of incentives has made individuals and organizations oriented to develop strongly in recent years. So about the matter “Can non-agricultural land be used as a factory in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
What is non-agricultural land?
Non-agricultural land is land that is not used for agricultural purposes such as farming or raising livestock.
According to Clause 2, Article 10 of the 2013 Land Law, non-agricultural land groups include the following types of land:
– Residential land includes residential land in rural areas and residential land in urban areas;
– Land for construction of the agency’s headquarters;
– Land used for defense and security purposes;
– Land for construction of non-business works, including land for construction of headquarters of non-business organizations; land for construction of cultural, social, medical, educational and training facilities, physical training and sports, science and technology, diplomacy and other non-business works;
– Land for non-agricultural production and business, including land in industrial parks, industrial clusters, and export processing zones; commercial and service land; land for non-agricultural production establishments; land used for mineral activities; land for production of building materials and pottery;
– Land used for public purposes, including land for traffic (including airports, airfields, inland waterway ports, seaports, railway systems, road systems and other traffic works); irrigation; land with historical – cultural relics and scenic spots; land for community activities, public amusement and entertainment areas; land for energy works; land for post and telecommunications works; market land; land for disposal, waste treatment and other public works;
– Land for religious and belief establishments;
– Land for cemeteries, graveyards, funeral homes, crematoriums;
– Land of rivers, streams, canals, canals, streams and specialized water surface;
– Other non-agricultural land, including land for rest houses, shacks and camps for workers in production establishments; land for construction of warehouses and houses to store agricultural products, pesticides, fertilizers, machinery and tools in service of agricultural production and land for other construction works of land users for non-business purposes that the building is not attached to residential land. So can non-agricultural land be used as a workshop?
Can non-agricultural land be used as a factory in Vietnam?
According to the Construction Permit, Clause 1, Article 6 of the 2013 Land Law prescribes the principles of land use as follows:
1. In accordance with the master plan, the plan on land use and the right purpose of land use.
2. Save, be effective, protect the environment and do not harm the legitimate interests of the surrounding land users.
3. Land users shall exercise their rights and perform their obligations within the land use term in accordance with this Law and other relevant laws.
Accordingly, answering the question “Can non-agricultural land be used as a workshop?” then one of the obligations that a land user has to fulfill is to use the land for the right purpose. Moreover, land for building factories is a phrase used to refer to types of land that are licensed to build factories. This type of land belongs to non-industrial production land, not agricultural or residential land. Therefore, non-agricultural land can be built as a workshop.
Dossier to apply for a license to build a factory on non-agricultural land
To proceed with the application for a factory license on non-agricultural land, investors need to prepare the following documents:
• Application for a construction permit;
• Certificates of land use rights;
• Workshop design drawings;
• A declaration of capacity and experience of the design organization;
• Architectural and structural design practice certificate of the Design Lead in the drawing;
• Certification of design approval for fire prevention and fighting, or fire prevention and fighting plans;
• Decision approving the report on environmental impact assessment (EIA);
• Project approval decision, investment decision;
• Design appraisal documents for works with requirements appraised by specialized construction agencies.
Procedures for applying for a permit to build a factory on non-agricultural land
In addition to the question “Can non-agricultural land be used as a workshop?”, many readers also wondered about the application for a license to build a workshop on non-agricultural land. , you need to fully follow these 3 steps:
Step 1: Prepare and submit your application:
You prepare 01 set of documents including all the documents we mentioned in section 4 of the article. Then, you proceed to submit the application at the receiving and returning department of the People’s Committee of the commune or ward.
Step 2: Receive and process documents:
The dossier is received by the Urban Management Office of the province/city, the units will in turn review and check and then submit to the City People’s Committee for licensing.
At this stage, the licensing agency will conduct an examination of the investor’s application for a construction permit, specifically, the competent authority will check the conformity of the application with the regulations of the investor. Current law.
• If the dossier is not in accordance with regulations, it will have to reply in writing to the investor;
• If the dossier is complete and accurate, the competent authority will issue a construction permit to the investor.
Step 3: Return the result:
Organizations and individuals will receive permits at the Department of Receiving and Returning Results of the City People’s Committee.
Will non-agricultural land for factories without permits be penalized?
Pursuant to Article 16 of Decree 16/2022/ND-CP stipulates as follows:
(1) Penalties for the act of organizing the construction of works without a construction permit but requiring a construction permit as follows:
– A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for building separate houses;
– A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for building separate houses in conservation zones, historical-cultural relics or other construction works;
– A fine ranging from VND 120,000,000 to VND 140,000,000 shall be imposed for construction of works requiring construction investment feasibility study reports or construction investment economic – technical reports. .
(2) Sanction the act of continuing to commit the violation after the administrative violation record has been made (before the sanctioning decision is issued) even though the competent person has requested the cessation of the violation act for administrative violations specified in Clauses 4, 6, 7, 7, 8, 9, and 10 of this Article, the specific fines are as follows:
– A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for building separate houses;
– A fine ranging from VND 120,000,000 to VND 140,000,000 shall be imposed for building separate houses in conservation zones, historical-cultural relics or other construction works;
– A fine ranging from VND 400,000,000 to VND 500,000,000 shall be imposed for construction of works requiring construction investment feasibility study reports or construction investment economic – technical reports. .
(3) Sanctions for acts that have been administratively sanctioned as prescribed in Clauses 4, 6, 7, 7, 8, 9, and 10 of this Article but re-committing but not being held accountable. criminal as follows:
– A fine ranging from VND 120,000,000 to VND 140,000,000 shall be imposed for building separate houses;
– A fine ranging from VND 140,000,000 to VND 160,000,000 shall be imposed for building separate houses in conservation zones, historical-cultural relics or other construction works;
– A fine ranging from VND 950,000,000 to VND 1,000,000,000 shall be imposed for construction of works requiring construction investment feasibility study reports or construction investment economic – technical reports. .
(4) Remedial measures:
– Forcible cover up according to regulations and remedy the environmental pollution (if any) with the acts specified in Clause 1 of this Article;
– Forcible implementation of procedures for adjustment or extension of construction permits or forcible publication of construction permits in accordance with regulations with the acts specified in Clauses 2 and 3 of this Article;
– Forcible demolition of works or parts of construction works in violation with the acts specified in Clauses 4, 6, 7, 7, 8 (with which the violation has ended), Clause 9, Clause 10; 12, Clause 13 of this Article.
(5) If the acts specified in Clauses 4, 6, 7 and 8 of this Article are under construction, in addition to being fined as prescribed, they must also follow the order and procedures prescribed in Clause 1 of this Article. Article 81 of this Decree.
Pursuant to Clause 3, Article 57 of Decree 16/2022/ND-CP stipulates as follows:
“3. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for building technical infrastructure works for common use that do not comply with urban planning, do not have construction permits according to regulations, or violate internal regulations construction permit is granted.”
Accordingly, the fines for the act of building houses on non-agricultural land without a permit and sanctioning administrative violations are as follows:
+ If the first violation is fined from 60,000,000 VND to 80,000,000 VND.
+ If the act repeats itself after the administrative violation record has been made (before the sanctioning decision is issued), a fine of from VND 100,000,000 to VND 120,000,000 shall be imposed.
+ If they have been administratively sanctioned but recidivism but are not examined for penal liability, a fine of between VND 120,000,000 and 140,000,000 shall be imposed.
+ In addition to the above fines, if the violation is also forced to demolish the work, the part of the construction work in violation even though it has ended. If construction is underway, in addition to being fined as prescribed, they must also follow the order and procedures specified in Article 81 of Decree 16/2022/ND-CP.
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Finally, hopefully the information in the article will provide helpful information for readers and help you solve the problem “Can non-agricultural land be used as a factory in Vietnam?” At the same time, LSX Law firm always has leading lawyers and legal consultants who will help you in legal matters of life. If you have any need, please get in touch with us via hotline: +84846175333 or Email: [email protected]
Please see more
- How to deal with illegal land allocation under Vietnam law?
- Change of land use purpose in Vietnam to implement investment projects
- Cases of coercive land recovery under Vietnam law
Frequently asked questions
According to regulations, the factory will be built on the land of a non-agricultural production base. This type of land includes industrial parks, land for production of building materials, land for production and business establishments, land for mineral exploitation, etc.
For agricultural and residential land, if you want to build a factory, you need to change the land use purpose. This procedure should be completed before applying for a construction permit and starting construction to avoid risks.
According to the provisions of the law, when applying for a permit to build a factory or warehouse, you will have to pay for a permit. Specifically, the cost of applying for a construction permit is 100,000 VND for a set of documents.
In order to build a factory, the owner needs to prepare the following basic documents:
Certificate of ownership and use of the land
Construction permits: In which, there are 3 types of construction permits: new construction permits, work relocation permits, and repair and renovation permits.
Conclusion: So the above is Can non-agricultural land be used as a factory in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
