On the Government Portal, Mr. T.N. S in Dak Lak asked, in case people have a need to change the land use purpose of a part of the land plot but do not separate the plot, is it mandatory for this area to be adjacent to traffic roads or not?
Mr. S also wants to know whether land users can choose a location inside the land plot (not adjacent to the road), as long as it is in accordance with the planning and land use plan?
Regarding this issue, the Ministry of Agriculture and Environment has the following opinions:
Point b, Clause 2, Article 220 of the Land Law stipulates:
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, 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 the land plot;".
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.
