Consulting on this case, Lawyer Tran Tuan Anh - Director of Bright Legal Law Firm said as follows:
According to Article 31 of the 2024 Land Law, land users are obliged to use land for the right purpose, within the correct land plot boundary, in accordance with regulations on the use of underground depth and height in the air, protect underground public works and comply with other relevant legal regulations.
Clause 3, Article 178 of the 2024 Land Law stipulates that in addition to being allowed to convert crop and livestock structure to use land combined with multiple purposes according to regulations, users of agricultural land are also allowed to use an area of land according to regulations of the Provincial People's Committee to build works directly serving agricultural production.
Accordingly, in Clause 6, Article 3 of Decree 112/2024/ND-CP, works directly serving agricultural production are works serving preliminary processing and preservation of agricultural products; warehouses for agricultural supplies, machinery, labor tools; display and introduction of agricultural products.
Thus, in the case of building houses for housing, it is not a type of construction directly serving agricultural production, so it is not allowed to be built on agricultural land if the land use purpose has not been changed in accordance with regulations.
