According to the report of the Department of Agriculture and Environment, in the city, many organizations and individuals have built works on agricultural land, including a variety of works such as: warehouses; preliminary processing and preservation houses; greenhouses, net houses; product display houses, livestock barns; operators, managers; security guards; internal roads...
Data at the time of drafting the Capital Law in September 2023 shows that the construction rate mainly fluctuated between 2.5 - 27.25%. In particular, livestock barn, greenhouses, and greenhouses have a construction rate of 30 - 100%.
The number of organizations and individuals with land plots from 1 - 5 hectares is 753 establishments; from 5 - 10 hectares is 32 establishments, over 10 hectares is 20 establishments.
Clause 3, Article 178 of the Land Law stipulates: Useres of agricultural land are allowed to convert crop and livestock structure to use land for multiple purposes as prescribed in Article 218 of this Law; 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".
Following the direction of the City People's Committee, the Department of Agriculture and Environment has submitted a report on the proposal of the City People's Committee to approve the policy of building regulations on construction of works to directly serve agricultural production in Hanoi city as prescribed in Clause 3, Article 178 of the Land Law.
According to the content of the draft decision, construction works on agricultural land must simultaneously ensure the following conditions:
- Does not affect irrigation works, dykes, intra-field traffic, or adjacent land areas;
- The project can only be built with 1 floor, no basement, only built with easily demolished materials;
- Construction on land with an unflooded water surface changes the flow, water surface area, and water level depth;
- Have an agricultural production plan approved by the People's Committee at the commune level before constructing the project. The construction and renovation of works must comply with the provisions of the law on construction and other relevant laws;
- In case the land has many entities sharing the right to use, there must be consensus among the entities in the agricultural production plan.
The agricultural land plot has been granted a land use right certificate and is still valid for land use. The construction and use process must ensure full compliance with fire safety regulations according to current regulations.
Construction users must voluntarily dismantle, relocate, and restore land to its original state when the reduced production scale does not meet this regulation or when there is a request from a state agency when carrying out site clearance according to regulations.
Absolutely do not use construction works on agricultural land for living purposes, non -agricultural purposes. In case the protective of the production and direct production areas must be clearly stated the number of people and duties of each person in accordance with the current regulations of the specialty and the Labor Law in the plan of construction and use of works; register with the commune authorities and approved by the commune authorities before implementation.
Violations will be handled according to the provisions of Article 9 of this regulation.
Regarding the types of works built on agricultural land, the draft decision clearly states:
- Construction works serving the storage of agricultural materials, machinery, and labor tools. The height of the project is not more than 6m.
- Agricultural nursery houses are houses built with frame structures and surrounded by flexible film, flat plastic plates or nets, to control environmental factors, pests and diseases and ensure the smooth implementation of crop nursery, planting and care activities; ensure the standards according to the current National Standards on agricultural nursery houses and plantings. The height of the project is not more than 12m.
Regarding land area for construction works, land area for growing other annual crops (for implementing flower and ornamental plant production plans), land area for growing perennial crops with a minimum scale of 10,000m2 or more (including 1 plot or more adjacent plots of land used by one subject or by many subjects with common use rights) can be built with a construction to serve the storage of agricultural materials, machinery, and labor tools. The maximum construction area is not more than 20m2. For land for growing other annual crops, perennial land is used for up to 100% of the area to install incubation houses and agricultural plant growing houses.
