Mr. Nguyen Dung Manh (in Thai Nguyen Province) would like to ask, The certificate of land use right is issued to a household with residential land, but the head of the household builds a workshop (trading steel on land), so is this constructionto be contrary to the purpose of land use? Which regulations are based on to confirm?

Regarding this issue, the Ministry of Natural Resources and Environment answers as follows:

In Article 57 of Land Law 2013:

" Article 57. Change of land use purpose

1. Cases in which change of land use purpose requires permission by competent state agencies:

a) Change of land for rice cultivation to land for perennial crops, forests, aquaculture, or salt production.

b)  Change of land for other annual crops to land for saltwater aquaculture, salt production or aquaculture in ponds, lakes, or marshlands.

c) Change of special-use forest land, protective forests or production forests to land for other purposes within the type of agricultural land.

d) Change of agricultural land to non-agricultural land.

e) Change of non-agricultural land which is allocated by the State without land use levy to non-agricultural land which is allocated by the State with land use levy, or to leased land.

f) Change of non-agricultural land which is not residential land to residential land.

g) Change of land for construction of non-business facilities or land for public purposes involving commercial purpose, or non-agricultural land for business and production purposes which is not land for trading or services to land for trading or services; change of land for trading or services or land for construction of non-business facilities to land for non-agricultural production establishments.

2. When changing the land use purpose under Clause 1 of this Article, land users shall fulfill financial obligations as prescribed by law. The land use regime and the rights and obligations of land users are those applicable to the type of the land used for the new purpose”..

In Article 12 of Circular No. 33/2017 / TT-BTNMT dated September 29, 2017 of the Ministry of Natural Resources and Environment detailing Decree No. 01/2017 / ND-CP dated January 6, 2017 of the Government, to amend and supplement a number of decrees detailing the implementation of the Land Law and amending and supplementing a number of articles of the Circulars guiding the implementation of the Land Law stipulating:

"Article 12. Amendments and supplements to Circular No. 02/2015 / TT-BTNMT dated January 27, 2015 detailing a number of articles of Decree No. 43/2014 / ND-CP and Decree No. 44/2014 / ND-CP of the Government.

1. Amending and supplementing Clause 1 Article 11 as follows:

"First cases of change of land use purpose without permission from competent state agencies but subject to change registration include:

a) Change of land from annual crops to other agricultural land, including: land used for construction of greenhouses and other types of houses for cultivation purposes; land for construction of barns for cattle, poultry and other animals is allowed by law; aquaculture for the purpose of learning, research and experimentation;

b) Change of land for cultivation of other annual crops or for aquaculture to perennial crops;

c) Change of land from perennial crops to land for aquaculture or annual crops;

d) Change of residential land to other non-agricultural land than residential land;

dd) Change of commercial or service land to non-agricultural production and other business land than commercial or service land; conversion of non-agricultural production and other business land than commercial or service land or non-agricultural production establishment land to land for construction of non-business works”.

Based on the above provisions, we recommend Mr. Manh to study and comply with the provisions of law.