Sending a question to the Ministry of Agriculture and Environment, citizen asks:
Due to lack of legal knowledge, I built a project on a long-term crop land plot before 2014. Currently, I have a need to convert the land use purpose to residential land. However, the Commune People's Committee replied that this case cannot be converted, it is necessary to dismantle the project, and at the same time, administrative violation penalties are not applied and land use purpose conversion is not resolved according to Article 139 of the Land Law and Decree 101/2024/ND-CP on the grounds that the Commune People's Committee does not have sufficient authority and the province does not allow it.
I would like to ask, is such an answer in accordance with legal regulations? In this case, may the local regulations be different or contrary to the provisions of the Land Law and current decrees?
Answering this content, the Ministry of Agriculture and Environment said:
- The content of the citizen's question did not clearly state whether the land area where works were built before 2014 on perennial crop land (CLN) had been allocated land, leased land, and issued land use right certificates by the State, so the Ministry has no basis to answer specifically.
In case you build a house before July 1, 2014 on the area of perennial crop land (CLN) for the land area allocated by the state, leased land, and issued a Certificate of Land Use Rights, it falls under the case of land use with violations of land law (act of using land for wrong purposes), then you will be administratively sanctioned and no measures will be applied to force the restoration of the original state of the land before the violation.
- Regarding the authority to issue permits for changing land use purposes and issuing Certificates of land use rights, it is stipulated in Clauses 1 and 2, Article 14 of Decree No. 49/2026/ND-CP dated January 31, 2026 of the Government.
It is proposed that citizens study the above regulations to implement them in accordance with the law.
