Ministry responds to the change of land use purpose when swapping residential land locations in the same plot

Huy Hùng |

The Ministry of Agriculture and Environment responds to voters' petitions on changing land use purposes when swapping residential land locations in the same plot.

The Ministry of Agriculture and Environment received a petition from voters in Lam Dong province with the content:

- "Voters propose to consider and have specific guidance on the components of dossiers when re-issuing Certificates of Land Use Rights from households to individuals (for example, in some cases, it is husband and wife but 1 of the 2 people has passed away); and at the same time clearly guide whether it is mandatory to provide death certificates for people who have passed away a long time ago (at a time when there is no death certificate or no death certificate is preserved, no civil status records are in the archives) to create favorable conditions for people in resolving dossiers related to land.

Regarding this content, the Ministry of Agriculture and Environment said: Implementing the decentralization, delegation of power, and decentralization of authority in the field of land, in Article 14, Article 15 of Decree No. 49/2026/ND-CP dated January 31, 2026 of the Government detailing and guiding a number of articles of Resolution No. 254/2025/QH15 of the National Assembly stipulating a number of mechanisms and policies to remove difficulties and obstacles in the organization of the implementation of the Land Law, it has assigned the Provincial People's Committee to regulate the order and administrative procedures on land to implement the cases specified in Article 14 of this Decree, ensuring to reduce and simplify administrative procedures according to regulations.

In which, clearly stipulate the responsibilities of agencies and competent persons in the steps of implementing procedures, maximum time to implement procedures, components of dossiers to be submitted, including procedures for issuing Certificates of land use rights, ownership of assets attached to land (composition of dossiers, responsibilities of each agency in resolving procedures).

Therefore, voters are requested to send petitions to the People's Committee of Lam Dong province to direct the review in the process of issuing regulations on administrative procedures for land according to their authority.

- Voters in Lam Dong province also "proposed that the Ministry of Agriculture and Environment have specific regulations and guidelines related to procedures for swapping residential land locations in the same land plot of people: in case the citizen's land already has residential land at any location in the same land plot, it can be swapped to another location to make residential land without having to change the land use purpose anymore to create conditions for people to exercise their legitimate rights and obligations related to land".

The content of this petition is explained by the Ministry of Agriculture and Environment, providing the following information: According to current land law regulations, it is not required to determine the location of residential land in cases where the land plot has residential land and other land in the same land plot as the residential land plot.

In case land users have not built houses on land, land law does not require determining the location of residential land; in case houses have been built, the continued construction of new houses within the land plot is an increase in residential land area, so it is necessary to implement land use purpose conversion;

In case there is housing when the state recovers land, land users have recorded the residential land area when the State compensates for land, when swapping residential land locations, land use purpose conversion must be carried out.

Huy Hùng
RELATED NEWS

Ministry responds to the first-time issuance of red books in case of land plots with 3 households living together

|

Three households have used the same land plot since 1950 and have built stable houses. When making a red book for the first time, how is the residential land limit determined?

Understanding correctly about land acquisition decisions

|

The Ministry of Agriculture and Environment answers citizens' questions about the land acquisition decision.

Cases of changing land use purposes at a price of 0 VND by re-determining land type

|

Reader An Binh (Hanoi) asked: How is the land use purpose conversion through re-determining land types carried out?

Pressure to add 300 doctors to the health sector in Quang Tri

|

Quang Tri - After operating the local government at 2 levels, the province implements solutions to add doctors to the grassroots level, meeting the needs of medical examination.

Forecast of heavy rain in the North and North Central regions in the next 3 days

|

Forecast for the main area of heavy rain in the next 3 days is the midlands and delta of the Northern region, from Thanh Hoa to North Quang Tri.

Reconnaissance officer knocks down subject related to cross-border drug line

|

Quang Tri - Functional forces coordinate to arrest a Nigerian subject related to a transnational drug trafficking ring.

Ministry responds to the first-time issuance of red books in case of land plots with 3 households living together

Theo Cổng thông tin điện tử Chính phủ |

Three households have used the same land plot since 1950 and have built stable houses. When making a red book for the first time, how is the residential land limit determined?

Understanding correctly about land acquisition decisions

Theo Cổng thông tin điện tử Chính phủ |

The Ministry of Agriculture and Environment answers citizens' questions about the land acquisition decision.

Cases of changing land use purposes at a price of 0 VND by re-determining land type

Anh Tuấn |

Reader An Binh (Hanoi) asked: How is the land use purpose conversion through re-determining land types carried out?