Consulting on this case, Lawyer Tran Tuan Anh - Director of Bright Legal Law Firm said as follows:
* General obligations of land users are stipulated in Article 31 of the 2024 Land Law as follows:
- 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.
* Agricultural land used by individuals and communities is stipulated in Clause 3, Article 178 of the 2024 Land Law, specifically as follows:
- Agricultural land users are allowed to convert crop and livestock structure to use land for multiple purposes as prescribed in Article 218 of this Law, and are allowed to use an area of land as prescribed by the Provincial People's Committee to build works directly serving agricultural production.
- In case of using rice-growing land, it shall comply with the provisions of Article 182 of this Law.
* Change of land use purpose for rice-growing land as prescribed in Clause 3, Article 182 of the 2024 Land Law as follows:
- Rice-growing land users are responsible for improving and increasing the thickness of the land; they cannot be converted to other purposes without permission from a competent state agency.
* In addition, temporary works are stipulated in Article 131 of the 2014 Construction Law amended by Clause 49, Article 1 of the 2020 amended Construction Law as follows:
- Temporary construction works are works built for a limited period of time to serve the following purposes:
+ Construction of the main project.
+ Use for organizing other events or activities within the time limit prescribed in Clause 2 of this Article.
- For works specified in Point b, Clause 1 of this Article, the Provincial People's Committee or the Commune People's Committee must approve the location, scale of the construction and duration of the temporary works.
- Investors and construction contractors organize self-organization of appraisal and approval of designs, construction estimates and construction of temporary works. In case the project affects safety and community benefits, the construction design of the project must be assessed on safety conditions and sent to the local construction professional agency for monitoring and inspection according to regulations.
- Temporary construction works must be demolished when the main works of the construction investment project are put into operation or when the construction period of the project expires.
The investor is requested to the Provincial People's Committee or the Commune People's Committee to approve the continued exploitation and use of temporary construction works specified in Point a, Clause 1 of this Article if the works are in accordance with the planning; ensure requirements on load-bearing safety, fire prevention, fighting, environmental protection and relevant legal provisions.
- Accordingly, the construction of temporary housing must be built with a limited period of time to serve the following purposes:
+ Construction of the main project.
+ Use for organizing events or other activities within the prescribed time limit by law.
Temporary construction works must be demolished when the main works of the construction investment project are put into operation or when the project's existence period ends.
In addition, agricultural land users can only use one area of land according to the regulations of the Provincial People's Committee to build works directly serving agricultural production.
In case of using rice-growing land, the user of rice-growing land is responsible for improving and increasing the land's emptiness; cannot be converted to other purposes without permission from a competent state agency.
Thus, agricultural land users are obliged to use the land for the right purpose. Agricultural land is used to serve agricultural production activities, not for residential purposes.
Therefore, land users are not allowed to build temporary houses on agricultural land for residential purposes. However, users of agricultural land can build temporary houses for the purpose of directly serving agricultural production.
