Mr. T.K in Hung Yen reflected that his family has 255 m2 of land marked as BHK (other annual crop land belonging to the agricultural land group) in a residential area near residential land, which has been granted a red book.
Mr. K reflected that when his family requested to change the land use purpose, the Commune People's Committee re-examined the origin of the land, and from 1980, on the land inventory book, this land was recorded as rice land and 50 m2 of land belonging to the traffic road plan on the road surface.
Mr. K asked: "If the origin is rice land, is it correct to apply to the province for permission to change the land use purpose? Or according to the law, although the origin is rice land, in residential areas, it is allowed to change the purpose to residential land, not to apply to the province?".
Mr. K further wondered: "If a part of the land is in the traffic road planning, can the land plot be converted to a suitable land use purpose? Is it necessary to donate 50 m2 of this land into a road and then change the land use purpose to a suitable land use purpose, or is the family allowed to keep it the same and the land type is still BHK?".
The Ministry of Agriculture and Environment answers this question as follows:
In case his land plot is located in a residential area, it falls under the case specified in Clause 5, Article 116 of the 2024 Land Law.
The permission to convert the land use purpose of agricultural land in residential areas, agricultural land in the same land plot with residential land to residential land (or convert the land use purpose of non-agricultural land that is not residential land to residential land) for households and individuals must be based on the district-level land use plan (old), general plan or sub-area plan that has been approved by a competent authority and the authority to decide to allow the conversion of land use purpose is the chairman of the commune-level People's Committee as prescribed in point m, clause 1, Article 5 of Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government.
Thus, in case a part of his land plot is in accordance with the planning as residential land according to the types of planning specified in Clause 5, Article 116 of the 2024 Land Law and the change of purpose of a part of the land plot, land separation must be carried out before changing purpose according to point b, Clause 2, Article 220 of the 2024 Land Law.
For 50 m2 of land belonging to the traffic road plan on the road surface, land law does not stipulate that people must donate land for the land part in the traffic road expansion plan.
It is requested that you have documents and records related to the land plot attached and send them to the land management agency in the locality for consideration and settlement according to your authority and the provisions of law.
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