Citizens sent questions to the Ministry of Agriculture and Environment asking about the following cases: The family has a plot of land with an area of 392 m2 and currently needs to change the land use purpose. However, the dossier is stuck with the following content:
Before arranging the administrative unit, the family's land plot was in Me Thuong village, Phuong Thien commune, Ha Giang city. After the arrangement, the administrative boundary was adjusted, currently the family lives in Me Thuong village, Ha Giang 1 ward.
When contacting the local government, the family was told that: The land plot was previously identified as rural land, but there are currently no specific instructions, so the residential land limit applied to rural land or urban land has not been determined.
So, in the case of the area before the arrangement being a commune, after the arrangement being a ward, the residential land limit is determined according to the criteria of rural land or urban land?
Responding to this content, the Ministry of Agriculture and Environment said:
- Regarding the basis for allowing the conversion of agricultural land use purposes in residential areas, agricultural land in the same plot of land with residential land to residential land, Clause 5, Article 116 of the Land Law stipulates: 5. Pursuant to the permission to change the purpose of using agricultural land in residential areas, agricultural land in the same plot of land with residential land to residential land or change the purpose of using non-agricultural land other than residential land to residential land for households and individuals that is a district-level land use planning or a general planning or zoning planning according to the provisions of law on urban planning approved by competent authorities".
- Regarding the order and procedures for allowing the conversion of land use purposes, it is implemented according to the provisions of Article 227 of the Land Law; Section I, Part III of the appendix to Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government regulating the determination of local authority at 2 levels, rights and decentralization in the land sector.
- Clause 2, Article 95, Clause 2, Article 96 of the Land Law stipulates: Based on land funds and actual situation of the locality, the People's Committees at the provincial level shall prescribe the limit of residential land allocation to individuals in rural areas and the limit of residential land allocation to individuals in urban areas.
- Clause 1, Article 5 of Decree No. 102/2024/ND-CP stipulates:
1. Residential land is land for housing and other purposes serving life in the same plot of land. Residential land includes rural residential land, urban residential land, specifically as follows:
a) Rural residential land is residential land within the boundary of the commune administrative unit, except for residential land that has implemented a new urban construction project according to the urban and rural system planning but is still within the boundary of the commune administrative unit;
b) Urban residential land is residential land within the boundaries of administrative units of wards and towns and residential land within the boundaries of commune administrative units that have implemented new urban construction projects according to the urban and rural system planning.
The Ministry recommends that citizens contact the competent land management agency in the locality for consideration and resolution according to their authority and regulations of law.
