On the Government Portal, a citizen in Hue wondered:
Mr. H.P. N's family (Hue) has 264.8 m2 of land in the commune. Through investigation, he learned that the basis for allowing the conversion of agricultural land use purposes in residential areas, agricultural land in the same land plot with residential land to residential land or 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 zoning planning according to the provisions of law on urban planning that has been approved by competent authorities.
Article 122 of the Land Law stipulates conditions for changing land use purposes and also does not show the adjacentness to traffic roads. Mr. N wants to convert the entire area of the above land plot to residential land, without carrying out land separation procedures.
He asked, is it right or wrong for functional agencies to base on the current status of the land plot not adjacent to traffic roads without based on the planning of the land plot to prevent the change of land use purpose from agricultural land to residential land (land plot in accordance with residential land planning)?
The Ministry of Agriculture and Environment answers this question as follows:
Point b, Clause 2, Article 220 of the Land Law stipulates:
b) In case of changing the land use purpose of a part of the land plot, land plot separation is carried out, the minimum area of the land plot after separation must be equal to or greater than the minimum area of the type of land after changing the land use purpose. For land plots with residential land and other land, land plot separation is not mandatory when changing the land use purpose of a part of the land plot, except in cases where land users have a need to separate land plots".
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 as follows:
3. The separation and consolidation of land plots specified in point d, clause 1, Article 220 of the Land Law must ensure that there is a walkway connected to public transport roads or be agreed by adjacent land users to pass through to connect to public transport roads. In case land users reserve a part of the area of residential land plots or land plots with residential land and other land in the same land plot to make a walkway, when carrying out the separation or consolidation of land plots, it is not mandatory to change the land use purpose for that land area to make a walkway.
In case of changing the land use purpose of a part of the land plot, land separation is not mandatory. Merging 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.
Article 122 of the Land Law only stipulates the conditions for allowing land use purpose conversion for the conversion of rice land, special-use forest land, protection forest land, production forest land to other purposes, allowing land use purpose conversion to implement investment projects, allowing land use purpose conversion to implement commercial housing construction investment projects, in which there are no conditions for having adjacent sides to traffic roads.
Based on the above regulations, in case of changing the land use purpose of a part of a land plot without separating the land plot, it must ensure the conditions for allowing the change of land use purpose; in case of changing the land use purpose of a part of a land plot but separating the land plot, in addition to ensuring the conditions for allowing the change of land use purpose, it must ensure the conditions for separating the land plot according to the provisions of land law. The Ministry of Agriculture and Environment would like to inform you and study the implementation.
