Things people need to pay attention to when doing homestays on agricultural land

Thu Giang |

Regulations and conditions for construction on agricultural land are of interest to readers.

According to the reflection of citizens, households and individuals using land and having been granted a land use right certificate (red book).

The form of use is private use and the origin of use is to receive a transfer of land recognized as land use rights such as land allocation without land use fees; or recognition of land use rights such as land allocation without land use fees.

With the above land plot, households and individuals wishing to change the purpose of land use to commercial and service land for homestay and accommodation services, not having to do tourism business and wishing to pay at one time.

The citizen said that this change of land use purpose is in accordance with the planning and land use plan of the locality and is permitted by the competent State agency to change land use purpose.

Citizens wonder, in this case, can the change of land use purpose and land use origin be kept the same as on the issued red book or is it mandatory to change to another form, such as land allocation with payment or land lease?

Regarding this content, the Ministry of Agriculture and Environment said that according to the provisions of Clause 2, Article 121 of the 2024 Land Law, in cases where a land user is permitted by a competent State agency to change the land use purpose, the land use regime, rights and obligations of the land user will be applied according to the type of land after changing the land use purpose.

Article 206 of the 2024 Land Law stipulates the regime for using commercial and service land.

Accordingly, Clause 3 of this Article stipulates that individuals use commercial and service land through the form of State land lease.

The display of information about land types, forms of land use, and land use origin on the certificate is shown in Clause 3, Clause 5 and Clause 7, Article 33 of Circular No. 10/2024/TT-BTNMT of the Minister of Natural Resources and Environment (now the Ministry of Agriculture and Environment) regulating cadastral records, land use right certificates, and ownership of assets attached to land.

Thu Giang
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