Can residential land for both house building and planting and raising livestock be recognized as completely unresidential land

Huy Hùng |

Citizens requested clarification of the concept of residential land.

Citizens send questions to the Ministry of Agriculture and Environment asking, according to the provisions of Clause 1, Article 5 of Decree 102/2024/ND-CP, there is a regulation "Residential land is land for housing and other purposes serving life in the same plot of land". So what are other purposes for life?

For example, a part of house building, the rest of planting fruit trees, and ancillary works for livestock farming to serve life are considered residential land?

Responding to this content, the Ministry of Agriculture and Environment said that Clause 1, Article 195 and Clause 1, Article 196 of the 2024 Land Law have specifically stipulated the regime for land use in rural areas and urban areas, in which rural areas and urban areas are land for housing and other purposes for living in the same plot of land.

The 2024 Land Law stipulates as follows:

Article 195. Rural residential land

1. Rural residential land is land for housing and other purposes serving life in the same plot of land in rural areas.

2. Based on the land fund and actual situation of the locality, the Provincial People's Committee stipulates the limit of land allocation to individuals in rural areas.

3. Rural residential land must be arranged synchronously with land used for the purpose of building public works and public works to facilitate production, people's lives, environmental sanitation and in the direction of rural modernization.

4. The State has policies to create conditions for people living in rural areas to have housing on the basis of land use in existing residential areas, limiting the expansion of residential areas on agricultural land.

Article 196. Urban residential land

1. Urban land is land for housing and other purposes serving life in the same plot of land in an urban area.

2. Based on the land fund and actual situation of the locality, the Provincial People's Committee stipulates the limit of residential land allocation to individuals in urban areas.

3. Urban residential land must be arranged synchronously with land used for the purpose of building public works, public works, ensuring environmental sanitation and urban landscape.

4. The conversion of residential land to land for construction of production and business establishments must comply with the planning, land use plan, construction planning approved by competent authorities, comply with the provisions of law on order, safety, law on environmental protection and other relevant provisions of law.

Huy Hùng
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