A resident said that in 2019 he received the transfer of about 3,000 m2 of annual crop land. When buying, there was already a house built by the previous owner on the land plot. After receiving the transfer, this person only repaired the house because the project had deteriorated.
After that, people submitted applications to change the land use purpose for about 500 m2 of land. However, the commune-level People's Committee said that the land plot has houses built on agricultural land, so it requested administrative sanctions and must dismantle the works before carrying out procedures to change the land use purpose.
According to reports, this land plot was transferred through many people before reaching the people. Neighboring residents said that the house has existed for quite a long time, possibly built before 2014 or earlier.
However, it is not possible to accurately determine who the builder was and there are no documents proving the time the project was built.
Therefore, people are wondering whether this case falls under the provisions of point a, clause 3, Article 139 of the Land Law or not, and at the same time want to know if it is necessary to prove that the house was built before 2014 to avoid dismantling when handling violations.
Regarding this content, the Ministry of Agriculture and Environment said that building houses on agricultural land is an act of violating the land law. Therefore, the commune-level People's Committee's request to handle administrative violations in cases of housing projects on agricultural land is in accordance with regulations.
However, land law also has regulations to handle cases of land use with violations that occurred before. According to Article 139 of the Land Law, the settlement for households and individuals using land with violations of land law that occurred before July 1, 2014 is carried out in accordance with the law.
In addition, the Land Law also stipulates the issuance of Certificates of land use rights and ownership of assets attached to land to households and individuals who are using land but do not have papers on land use rights, if the land use does not violate the law and does not fall into the case of land being allocated beyond authority.
For the specific case mentioned above, the Ministry of Agriculture and Environment requests people to contact the commune-level People's Committee where the land is located for competent authorities to check dossiers, determine land use status and guide solutions in accordance with the law.
