Mr. N.T.P in Can Tho asked, is the agricultural land plot adjacent to the irrigation canal allowed to be converted to residential land or not? Is the land plot separation limit eligible, so can the land plot be separated or not, or must it be located on a diagram?
The Ministry of Agriculture and Environment answers this question as follows:
Regarding the change of land use purpose, the current land law has stipulated in point b, clause 1, Article 121 of the Land Law that the change of land use purpose from agricultural land to non-agricultural land must be permitted by a competent state agency.
According to the provisions of Clause 5, Article 116 of the Land Law, the basis for allowing the conversion of agricultural land use purposes in residential areas, agricultural land in the same residential land plot to residential land or the conversion of non-agricultural land types that are not residential land to residential land for households and individuals is district-level land use planning or general planning or sub-area planning according to the provisions of urban planning law approved by competent authorities.
Regarding the conditions for land plot separation, land plot separation must ensure the principles and conditions specified in Article 220 of the Land Law, in which Clause 4 of Article 220 stipulates:
The provincial-level People's Committee shall, based on the provisions of Clauses 1, 2 and 3 of this Article, other relevant legal regulations and local customs and habits to specifically stipulate the conditions and minimum area for land plot separation and land consolidation for each type of land".
The Ministry of Agriculture and Environment informs citizens to know and research implementation.
