Citizens should ask the Ministry of Agriculture and Environment about households and individuals who want to build small-scale livestock barns (such as pigs, chickens, ducks and other animals allowed to be raised); build level 4 houses only to serve the care and preservation of agricultural products, feed, fertilizers, machinery, tools and auxiliary works on other annual crop land, aquaculture land or perennial crop land allocated or leased (ie, converting the purpose of use from other annual crop land, aquaculture land or perennial crop land to other agricultural land) what procedures need to be carried out? Is it necessary to ask for permission from a state agency or a commune-level People's Committee? If allowed, the scale and area of the construction work must comply with what requirements and regulations?
When detecting a case of the above acts, can the People's Committees at the commune level make a record to suspend the construction or make a record of administrative violations?
Responding to this content, the Ministry of Agriculture and Environment said: In case of changing the purpose of use from other annual crops, aquaculture land or perennial crop land to other agricultural land, the case of changing the purpose of land use is stipulated in Clause 3, Article 121 of the Land Law:
3. The conversion of land use purposes not falling under the cases specified in Clause 1 of this Article does not require permission from a competent state agency.
At the same time, this case is subject to registration of changes as prescribed in Point e, Clause 1, Article 133 of the Land Law:
e) Change of land use purpose as prescribed in Clause 1, Article 121 of this Law; in the case specified in Clause 3, Article 121 of this Law, the land user needs to register changes.
Thus, when converting the purpose from other annual crop land, aquaculture land or perennial crop land to other agricultural land, it is not necessary to request permission from a competent state agency. The People's Committee at the commune level does not have the authority to draw up a record to suspend the construction or draw up a record of administrative violations in this case.
