Based on the provisions of Clause 3, Article 11 of Resolution 254/2025/QH15 on land use purpose conversion as follows:
Article 11. Regulations on the exercise of land use rights and regimes, land registration, assets attached to land, issuance of Certificates, land plot separation, land consolidation, land information system
3. The separation of land plots and land consolidation specified in point d, clause 1, Article 220 of the Land Law must ensure that there is a path connecting to public roads or that the adjacent land user agrees to pass through to connect to public roads. In case the land user reserves a part of the area of the residential land plot or land plot with residential land and other land in the same land plot to make a path, when carrying out the separation of land plots or land consolidation, it is not mandatory to change the land use purpose for the land area to make that path.
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.
In case of land use right division according to the judgment or decision of the Court where the division does not ensure the conditions, area, and size of land division as prescribed in Article 220 of the Land Law, land division shall not be carried out, except in cases where the judgment or decision of the court takes effect before August 1, 2024.
Accordingly, changing the land use purpose of a part of the land is not mandatory for land plot separation. 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.
