Agricultural land will not be compensated for houses on the land
Responding to this question, Lawyer Nguyen Pho Dung - Director of OPIC and Associates Law Firm, Hanoi Bar Association - said:
Agricultural land is the type of land used for cultivation, animal husbandry, agricultural production... Meanwhile, houses are built on residential land (also known as residential land) belonging to the non-agricultural land group. At the same time, Article 5 of the 2024 Land Law also clearly states the principles of land use, including using land for the right purpose. Therefore, building a house on agricultural land is an illegal act of building a house.
Clause 2, Article 105 of the 2024 Land Law also clearly states cases where the State reclaims land and is not compensated for assets attached to land, including: Assets attached to land created in violation of the provisions of law or created within the validity period of the notice of land recovery by a competent state agency as prescribed in this Law.
Based on the above regulations, the act of building a house on agricultural land is an act of building a house in violation of the law, so in case of agricultural land being recovered, compensation for houses on the land will not be paid.
Building a house on agricultural land can be fined up to 300 million VND
Arbitrarily building a house on agricultural land is an act of using land for the wrong purpose and will be subject to administrative sanctions. Article 10 of Decree 123/2024/ND-CP stipulates the penalty for arbitrarily changing the purpose of using other agricultural land as follows:
The act of converting agricultural land that is not rice-growing land or non-forestry land to non-agricultural land within the administrative boundaries of a ward or town shall be subject to a penalty of twice the corresponding penalty.
Remedial measures:
- Forced restoration of the original state of the land before the violation, except for the case specified in Clause 3, Article 139 of the Land Law;
- Forced to return any illegal profits gained from committing the violation.
