According to the latest regulations, is it permissible to build a tomb on land used for rice cultivation?
My family intends to purchase a plot of land to build a family cemetery. However, I am wondering if it is permissible to build a cemetery on rice paddy land, given that the land use purpose is listed on the land title certificate as rice paddy land? (This is a question from Mr. Ho Van Luyen, Quynh Van commune, Nghe An province).
Reply:Clause 3, Article 182 of the 2024 Land Law stipulates one of the obligations of rice cultivation land users as follows:"Land users who cultivate rice are responsible for improving and increasing the fertility of the soil; they are not allowed to convert the land to other uses without permission from the competent State agency."
Furthermore, according to Clause 10, Article 9 of the 2018 Law on Crop Production, the act"Illegal exploitation and use of the topsoil of land designated for rice cultivation for non-agricultural purposes"This is a strictly prohibited act.
At the same time, according to Clause 1, Article 121 of the 2024 Land Law, the conversion of rice cultivation land to other types of land (including land for cemeteries, burial grounds, and tomb construction) must be permitted by the competent State agency.
Therefore, his family is not allowed to build a tomb on rice paddy land without permission. If they wish to build a tomb on rice paddy land, they must go through the procedure of applying to change the land use purpose from rice paddy land to cemetery land, and this can only be done after obtaining permission from the competent state agency.
If a person builds a tomb on paddy land without permission, the land user will be subject to administrative penalties as stipulated in Article 8 of Decree 123/2024/ND-CP, with the fine amount depending on the area of land violated, and will be required to restore the land to its original condition before the violation (except in cases stipulated in Clause 3, Article 139 of the Land Law).
Furthermore, regarding the use of land for tomb construction, Article 3 of Decree 23/2016/ND-CP stipulates:
- All cemeteries and crematoriums must be planned. The planning and construction of cemeteries and crematoriums must comply with laws on planning, construction, and environmental protection.
- The management of cemetery land and crematoriums must comply with land laws, be economical and efficient; and ensure safety, security, and environmental hygiene.
- Encourage investment in the construction of cemeteries and crematoriums to serve multiple localities, using new, civilized, and modern burial methods to maximize land and construction cost savings while ensuring environmental and landscape requirements are met…
