Talking to Lao Dong Newspaper, Lawyer Tran Tuan Anh - Director of Bright Legal Law Firm assessed that the situation of people arbitrarily building houses on garden land, perennial crop land, even pouring soil to level fields to build houses is still quite common, especially in suburban areas that are in the process of urbanization.
In principle, Lawyer Tran Tuan Anh said that land users have the obligation to use land for the right purpose (Clause 1, Article 31 of the 2024 Land Law); building houses on agricultural land without changing land use purposes is an act that requires permission from competent state agencies according to Clause 1, Article 121 of the 2024 Land Law, if not permitted, it is an act of violating land law.
Law Lawyer Tran Tuan Anh emphasized that how long it has been built is not the sole basis and of course for "legitimizing". The deciding factor is:
Is the land plot suitable for the planning and land use plan of the locality or not. If that area has been planned as residential land, is in the annual land use plan approved by the competent People's Committee, and meets the grounds for allowing purpose conversion in Article 116 of the 2024 Land Law, then people can completely carry out procedures to apply for land use purpose conversion to residential land according to the provisions of Article 121 and Article 227 of the 2024 Land Law.
Conversely, if the land plot is located in a rice growing area that needs strict protection, protection forest land, land planned for projects, public works... then even if it has been built for 10 years or longer, there is no basis to legalize it, and there is even a risk of being forced to dismantle it.
Regarding a specific exception case, Lawyer Tran Tuan Anh noted: for using land for improper purposes that have been allocated land, leased land, and recognized land use rights by the State before July 1, 2014 (i.e., there has been a violation), the law stipulates the consideration of issuing a Certificate of Land Use Rights according to Clause 3, Article 139 of the 2024 Land Law.
Accordingly, if a person is using land stably and in accordance with land use planning, they are considered for issuance of a Certificate of Land Use Rights and must fulfill financial obligations according to regulations. This is the most accurate legal basis for the case of "building a long-term house on agricultural land", unlike Article 138 of the 2024 Land Law (only applicable to land without papers but without violations of misuse). In addition, according to Clause 4, Article 3 of Decree 123/2024/ND-CP, violations occurring before October 15, 1993 are not subject to administrative penalties, so the dossier for applying for a Certificate in this case also does not have to submit documents related to penalties. The specific application of which cases needs to be verified by the specialized land agency in the locality, and cannot be inferred by themselves.
Lawyer Tuan Anh said that the usual purpose conversion method includes the following steps:
1. Prepare documents: Application for land use purpose conversion according to the form, Certificate of land use rights, personal papers.
2. Submit applications at the one-stop-shop department at the commune/ward level or through the Public Service Portal.
3. Land management agencies (Land Registration Branch/Office) check the conditions for purpose conversion according to Article 116 and Article 122 of the 2024 Land Law - note specifically for rice land, special-use/protection/production forest land, permission to change purpose must have a Resolution of the Provincial People's Council (Clause 1, Article 122).
4. Determine financial obligations (land use fees).
5. People pay land use fees, receive decisions allowing purpose conversion and are issued/adjusted Certificates of residential land recognition.
