The Ministry of Agriculture and Environment received a petition from voters in Ho Chi Minh City with the content: "Voters propose that the Government study and review the legal basis, propose appropriate mechanisms and policies to remove difficulties and obstacles for cases of spontaneous houses built on agricultural land after July 1, 2014. Accordingly, it is proposed to consider and specifically guide the handling of each group of cases, based on compliance with the approved land use plan and plan, creating favorable conditions in carrying out procedures for converting land use purposes to residential land, creating conditions for people to exercise the right to register for residence according to regulations, contributing to stabilizing life and ensuring social security.
Regarding this proposal, the Ministry of Agriculture and Environment reports to the National Assembly Delegation and voters of Ho Chi Minh City as follows: The Land Law stipulates that the principle of land use is "According to the purpose of land use" (Clause 1, Article 5); land users have the obligation: "Use land for the right purpose, within the boundary of the land plot, in accordance with regulations on using the depth in the ground and height in the air, protecting public works in the ground and complying with other relevant legal regulations" (Clause 1, Article 31); people who violate the law on land shall be disciplined, administratively sanctioned or prosecuted for criminal liability depending on the nature and severity of the violation, if causing damage, they must compensate according to the provisions of law (Article 239).
The act of building houses on agricultural land without permission from competent state agencies to change land use purposes is a violation of the provisions of point b, clause 1, Article 121 of the Land Law, and must be considered for handling administrative violations according to the provisions of Articles 8 to 10 of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government stipulating penalties for administrative violations in the field of land and must apply remedial measures that are "Forcing the restoration of the original state of the land before the violation, except for the cases specified in Clause 3, Article 139 of the Land Law".
Clause 3, Article 139 of the Land Law stipulates the consideration and issuance of Certificates of land use rights and ownership of assets attached to land for households and individuals using land who have violated land law before July 1, 2014 (including: land encroachment, land occupation or use of land for improper purposes that have been allocated land, leased land, and recognized land use rights by the State). Clause 5, Article 139 of the Land Law stipulates that in cases where households and individuals using land have violated land law from July 1, 2014 onwards, the State shall not issue Certificates of land use rights and ownership of assets attached to land and handle them according to the provisions of law.
The application of remedial measures "Forcing the restoration of the original state of land before violation, except for cases specified in Clause 3, Article 139 of the Land Law" for acts of using land for improper purposes specified in Articles 8 to 10 of Decree No. 123/2024/ND-CP is in accordance with the provisions of the Land Law; therefore, cases where households and individuals use land for improper purposes that have been allocated land, leased land, and recognized land use rights by the State from July 1, 2014 or later, must apply remedial measures "restoring the original state of land before violation".
