Hanoi City is collecting public opinions on the Draft Resolution of the City People's Council on regulations on the form of use and exploitation of agricultural land funds on river banks and floating banks on diked rivers in Hanoi (implementing Point a, Clause 3, Article 32 of the Law on the Capital).
The Draft Resolution stipulates the form of use and exploitation of agricultural land funds at river banks and floating beaches on diked rivers for agricultural production, ecological agricultural production, agriculture combined with tourism, and experiential education, ensuring the principle that construction on agricultural land at river banks and floating beaches on diked rivers must be consistent with flood prevention and control planning of diked rivers, dike planning, construction planning, and other related planning.
The subjects of application are organizations, individuals, and households that manage, use, and exploit agricultural land funds at river banks and floating banks on diked rivers in the area. Agencies, organizations, and individuals assigned to perform state management tasks on land, agriculture, dikes, irrigation, disaster prevention and control, construction, and other relevant agencies, units, and individuals.

In particular, Article 5 of the draft Resolution clearly states that organizations and individuals using agricultural land are allowed to convert the structure of crops and livestock to use land for multiple purposes according to the provisions of Article 218 of the Land Law; are allowed to use part of the land area to build works directly serving agricultural production: Sheds and camps to serve workers; works for preliminary processing and preservation of agricultural products, storage of pesticides, fertilizers, machinery, tools, instruments and other auxiliary works of similar nature.
The conditions for using a part of the land area to build a construction directly serving agricultural production are that the total area of the agricultural land is from 300m2 or more. The construction site is outside the protection area of the dike and irrigation system, outside the flood discharge corridor of the dike river; a certain distance from the river bank; not in the area of the riverbank that is eroding or at risk of eroding.
At the same time, commit not to level or raise the existing riverbank; self-demolish the project, and not receive compensation when the project expires or the competent state agency decides to reclaim and implement the project.
The specific construction area according to the draft is a maximum of 15m2 for agricultural land with a scale of 300m2 to 500m2; a maximum of 25m2 for agricultural land with a scale of over 500m2 to 1,000m2. A maximum of 50m2 for agricultural land with a scale of over 1,000m2 to 5,000m2. A maximum of 75m2 for agricultural land with a scale of over 5,000m2 to 10,000m2. A maximum of 100m2 for agricultural land with a scale of over 10,000m2 or more.
Projects serving agricultural production in the form of net houses, greenhouses, membrane houses, using environmentally friendly materials, easy to disassemble; no construction of surrounding walls, fences, roofing, no leveling, raising the current riverbank can use up to 100% of the land area.
Article 6 of the draft Resolution stipulates the form of use and exploitation of agricultural land funds on river banks and floating banks on diked rivers for ecological agricultural production, agriculture combined with tourism and experiential education.
Accordingly, organizations and individuals using and exploiting agricultural land funds on river banks and floating banks on diked rivers for ecological agricultural production, agriculture combined with tourism, and experiential education must comply with regulations on multi-purpose land use according to Article 218 of the Land Law and Article 99 of Decree No. 102/2024/ND-CP dated July 30, 2024 of the Government.
At the same time, part of the land area can be used to build works serving ecological agricultural production, agriculture combined with tourism, experiential education; construction works including sheds and camps to serve workers; areas for preserving agricultural products, storing pesticides, fertilizers, machinery, tools, equipment, etc.
The construction site is outside the protection range of dikes and irrigation works; outside the flood escape corridor of the diked river; not in the riverbank area that is eroding or at risk of eroding; not regularly affected by flooding due to river floods, the natural elevation at the construction site is equivalent to flood level I in the area or higher...
Source: https://cand.com.vn/Xa-hoi/ha-noi-lay-y-kien-nhan-dan-ve-xay-cong-trinh-mot-tang-ban-kien-co-o-bai-song-i767548/
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