The Ministry of Agriculture and Environment received a petition from voters in Lam Dong province with the content: "Currently, the implementation of policies on land use fees according to Resolution No. 254/2025/QH15 and Decree No. 50/2026/ND-CP has removed some difficulties for people. However, many households with agricultural land self-excavated and used stably since before 1990, have now been granted land use right certificates and are in accordance with residential land planning, and have not yet enjoyed support policies when converting land use purposes to residential land. Besides, when people have a need to separate plots for their children to build houses, they only want to convert a small part of the area to residential land, for example, about 70m2 to 100m2, but in reality they still face many difficulties. Functional agencies often require them to change the purpose of the entire planned land plot area, causing a very large amount of land use fees, exceeding the capacity of many households. Meanwhile, the remaining area is only used by people for gardening, growing vegetables or continuing to
Voters proposed that ministries and central agencies consider expanding the subjects eligible for policies according to point c, clause 2, Article 10 of Resolution No. 254/2025/QH15 for agricultural land that is self-excavated and used stably and long-term by people, has been granted land use right certificates, is now in accordance with residential land planning and is allowed to change land use purposes. At the same time, it is proposed to have a mechanism to clearly distinguish between people with real housing needs and cases of buying and selling land for subdivision and sale.
For households and individuals who use land as their own land, stably, especially in mountainous, midland, and island communes, it is necessary to consider granting support policies on land use fees. It is proposed to allow people to separate plots at the same time as changing the land use purpose of a part of agricultural land to residential land, in accordance with the actual housing needs; it is not mandatory to change the purpose of the entire area of land plots expected to be separated. This will reduce financial burden, avoid land waste and create conditions for people to stabilize their lives.
The Ministry of Agriculture and Environment answers this question as follows:
Clause 3, Article 11 of Resolution No. 254/2025/QH15 dated December 11, 2025 of the National Assembly stipulates a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law, stipulating: "...In case of changing the purpose of use of a part of a land plot, plot separation is not mandatory. The consolidation of land plots is not mandatory for the same land use purpose, the same form of land use fee payment, land rent, and the same land use term...".
Thus, current land law does not require land plot separation when land users only need to change the purpose for a part of the land plot area.
Regarding the proposal related to expanding the beneficiaries of policies according to point c, clause 2, Article 10 of Resolution No. 254/2025/QH15 for agricultural land self-excavated and used stably and long-term by people, which has been granted land use right certificates, is now in accordance with residential land planning and is allowed to change land use purposes, the Ministry of Agriculture and Environment requests to continue to closely coordinate with the Ministry of Finance to study and evaluate in the process of amending and supplementing the Land Law and documents detailing implementation, ensuring compliance with practical requirements, unity in organization of implementation, creating favorable conditions for people and improving the efficiency of state management of land.
The Ministry of Agriculture and Environment said it will continue to monitor, urge and inform the implementation results to the Delegation of National Assembly Deputies of Lam Dong province and the Committee for Petitions and Supervision of the National Assembly when there are results.
