Youme Law Firm LLC answers: Article 131 of the 2014 Construction Law, temporary construction works are works built for a limited period to serve the purposes of constructing the main works.
Temporary construction works are used for organizing events or other activities, but must be approved by the Provincial or District People's Committee regarding the location, scale of construction and duration of existence of the temporary construction.
Temporary construction works are built on residential land (residential land) belonging to the non-agricultural land group. This is the type of land used for the purpose of building houses and constructing living facilities in urban residential areas.
While land for growing perennial crops belongs to the agricultural land group, used for the purpose of growing crops that are planted once, grow and harvest for many years.
Therefore, building temporary houses on land for growing perennial crops is not permitted by law.
People who want to build temporary houses must convert the purpose of using perennial land to residential land. Pursuant to Article 121 of the 2024 Land Law, converting the purpose of using perennial land to residential land must be permitted by the People's Committee at the district or provincial level and financial obligations must be fulfilled.
In which, the People's Committee at district and provincial levels issues decisions to allow land use purpose change based on the following grounds: Annual land use plan has been permitted and approved by competent State agencies; land use needs are shown in the application for land use purpose change.
How is the unauthorized construction of temporary houses on land for perennial crops handled? According to Clauses 2 and 3, Article 11 of Decree 123/2024 on administrative sanctions for violations in the field of land, the case of converting land for perennial crops to residential land is subject to the following penalties:
In addition, households and individuals who violate the law are also forced to restore the land to its original condition before the violation and are forced to return any illegal profits gained from the violation.
