Today, non-agricultural land is the most common. Unagricultural land, then. Is it permitted to develop houses on non-agricultural property and what are the regulations?
Non-agricultural land is land utilised for non-agricultural uses or cultivating crops on it, according to the Land Law. This type of land can be used for residential, commercial, and religious reasons.
Non-agricultural land types – Rural and urban residential land are included. Residential land includes land for building houses, ponds, gardens, and other living facilities in rural residential communities. The proper state agencies licence individuals or households to utilise them.
– Land for non-business activities: comprising economy, society, research and technology, culture, education, training, health, physical training and sports, environment, diplomacy and other professional works.
– National defence and security land: state-owned land utilised for defence and security. Always be ready to preserve national security if the country is threatened by force or armed force from outside.
-Industrial parks, industrial clusters, export processing clusters; commercial and service land; land for non-agricultural production units; mineral exploitation; land for construction materials, ceramics, etc.
– Land for public works to serve the entire population. This comprises transportation land (airports, etc. ), irrigation land, historical-cultural relics and scenic areas, community land, energy land, post and telecommunications land, market land, landfill property, etc.
-A cemetery, graveyard or crematory must be planned in a concentrated location, ideal for land use planning, away from residential areas, convenient for burial, visiting and hygiene, while protecting the environment and saving land.
– River land: includes all rivers, canals, streams, and specialised water bodies. The state manages, uses, and exploits this land group for non-agricultural purposes or in conjunction with aquaculture and fishing.
– Land for religious and belief establishments: servicing the religious requirements of the people. There are many types of land used for religious purposes. Some are state-approved while others are privately owned.
Not attached to residential land: Land for rest houses, shacks and camps for workers in production establishments; Land for Gateway thao dien for rent, and houses to store agricultural products, pesticides and fertilisers; and land for other non-business purposes.
Can urban land be built on?
Only non-agricultural land can be used to build residences and other structures for daily use by land users.
Non-agricultural non-residential land cannot be developed. Land users who build unauthorised houses will be fined and forced to demolish them.
Can non-agricultural land become residential?
Permission from a competent State agency is required to convert non-agricultural non-residential land to residential land under Point e, Clause 1 of the 2013 Land Law.
The yearly district-level land use plan must also be authorised by a competent state agency, according to Article 52 of the Land Law. At the same time, the land user must apply to change the land use purpose and gain permission from the district (household, person) or provincial People’s Committee (organization).
Conversion of non-agricultural land to residential
Order of converting non-agricultural, non-residential property to residential land:
An application for a land use change licence has two primary parts:
– Change of land use application
– Red or pink books demonstrating lawful land use rights. If citizens do not have the following documentation, they can contact regional cadastral officers for assistance.
Step 2: Apply online
Application to the local One-stop Department or the Department of Natural Resources and Environment.
– After the officer confirms receipt of all required documents, receive the Receipt Form. The citizen should receive a receipt that matches the agency’s receipt book.
If the citizen’s application for non-agricultural land use conversion is incomplete, the officer must notify and guide completion within 3 working days.
Step 3: Pay the non-agricultural land conversion charge
4: Get the result
Applicants will be notified of the results 15-25 working days after submitting their applications. If citizens are late in paying their bills, results may be delayed.
Regarding the land use fee
Normally, the local Department of Natural Resources and Environment must notify the residents of the tax due. Before receiving the official permission to authorise land use modification, people must pay this financial obligation.
The land use levy is paid as follows when non-agricultural land is converted to residential land:
It is not land given or leased by the State and has been recognised for a definite, stable, and long-term use by the State prior to July 1, 2004.
– TH2: People using non-agricultural land allocated by the State with land use fee collection before July 1, 2014: Land use levy (determined by residential land price) less land use levy (calculated according to the price of non-agricultural land of the remaining land use term).
– TH3: The State leases non-agricultural non-residential land for a fixed length of time: The land usage fee is equivalent to the difference between the land use fee (calculated at the residential land price) and the one-time payment of the land rent (calculated according to the non-agricultural land price of the remaining land use term).
– TH4: Non-agricultural land in use other than residential land: collection of land use levy equivalent to land use levy computed at the residential land price at the time of decision. alter a state agency’s mission.
