Accordingly, facilities directly serving agricultural production include sheds, farms, and warehouses for preliminary produce processing, agricultural product storage, agricultural supplies, machinery, and labor tools.
Regarding the scope of regulation, this decision governs the use of land area (excluding rice cultivation land) for constructing facilities directly serving agricultural production in HCMC. The land area for constructing facilities directly serving agricultural production on rice cultivation land shall comply with the provisions in the Decree detailing regulations on rice cultivation land.
The subjects of application are state agencies assigned to perform state management tasks of land and other relevant agencies, organizations, and individuals; agricultural land users in HCMC.
The conditions for applying this decision stipulate that the agricultural land plot must have been granted a land use right certificate and still be within its period of use. The agricultural land area being used must be 500m2 or more (including a single plot or multiple adjacent plots belonging to the same land user). The maximum ratio of land area for constructing facilities directly serving agricultural production is 1 percent of the total agricultural land area, but not exceeding 50m2.
Facilities directly serving agricultural production must be single-story structures, with a maximum roof height of 5 meters, no basement, and semi-permanent construction.
The construction of facilities directly serving agricultural production shall comply with Article 131 of the Construction Law (as amended and supplemented in Clause 49, Article 1 of the Law amending and supplementing several articles of the Construction Law) and is exempt from construction permits according to Point c, Clause 2, Article 89 of the Construction Law (as amended and supplemented in Clause 30, Article 1 of the Law amending and supplementing several articles of the Construction Law).
District-level People's Committees shall approve the location, construction scale (as prescribed in Clause 2, Article 5 of this decision), and the duration of the facility as stipulated in Clause 2, Article 131 of the Construction Law (as amended and supplemented in Clause 49, Article 1 of the Law amending and supplementing several articles of the Construction Law).
The construction of works directly serving agricultural production shall not affect irrigation works, dyke works, adjacent agricultural land areas, and shall not violate the road boundaries of existing roads as planned and approved by the competent authority.
Decision No. 90/2024/QD-UBND also requires the Chairpersons of district-level People's Committees to be responsible before the Chairman of the HCMC People's Committee for ensuring the rational use of land and preventing the emergence of restaurants, eateries, and other types of businesses that do not serve the approved purpose.
