Speaking with Lao Dong Newspaper reporters, Lawyer Nguyen Pho Dung - Director of OPIC Law Firm and Associates, Hanoi Bar Association, said that Clause 2, Article 178 of the 2024 Land Law stipulates:
“ Agricultural land users are allowed to convert the crop and livestock structure to use land for multiple purposes according to the provisions of Article 218 of this Law; and are allowed to use an area of land according to the provisions of the Provincial People's Committee to build works directly serving agricultural production. In case of using land for rice cultivation, the provisions of Article 182 of this Law shall apply."
Thus, the information that the 2024 Land Law allows building houses on agricultural land is completely incorrect.
Agricultural land users who convert crop and livestock structure to multi-purpose use must still ensure:
- Do not change the land type according to the land classification prescribed in Clause 2 and Clause 3, Article 9 and determined in the documents prescribed in Article 10 of this Law.
- Does not eliminate the necessary conditions for returning to land use for its main purpose.
- Does not affect national defense and security.
- Limit impacts on the conservation of natural ecosystems, biodiversity, and environmental landscapes.
- Does not affect the land use of adjacent plots.
- Fully perform financial obligations as prescribed.
- Comply with relevant laws.
Regarding the regulation that agricultural land users are allowed to use an area of land as prescribed by the Provincial People's Committee to build works directly serving agricultural production, we still have to wait for the regulations of the Provincial People's Committee of each locality to stipulate specifically and still have to ensure compliance with relevant legal regulations.
