A case sent a petition to functional agencies reflecting that the family has 1,800 m2 of land specializing in growing wet rice, of which 1,600 m2 is in the planning of green land for public use and 200 m2 belongs to the planning of HH land for service housing group.
The entire land plot adjacent to the 5m wide concrete road, but the 200 m2 area planned for purpose conversion is located inside and does not directly adjacent to this road.
From that reality, people raise the question of whether the 200 m2 area mentioned above is allowed to be converted to rural residential land or not, and whether the remaining part of the area can be used to build roads connecting to the existing road or not.
Answering this content, the Ministry of Agriculture and Environment cited Clause 5, Article 116 of the Land Law, which stipulates the basis for allowing the conversion of agricultural land use purpose in residential areas or agricultural land in the same plot with residential land to residential land for households and individuals is district-level land use planning or general planning or zoning planning approved by competent authorities according to urban planning law.
This agency also cited Clause 2, Article 22 of Decree 151/2025/ND-CP, according to which commune-level administrative units after arrangement continue to use district-level land use planning, district-level annual land use plan or urban and rural planning approved before July 1, 2025 as a basis for performing state management tasks on land until the review and planning and land use plan are completed according to the new administrative unit.
In addition, the Ministry of Agriculture and Environment cited Article 2 of Resolution 66. 3/2025/NQ-CP of the Government. This regulation clearly states that agencies and competent persons are allowed to base on district-level land use planning, district-level annual land use plans approved before July 1, 2025, or land use targets allocated to commune-level administrative units after arrangement, or planning according to the law on urban and rural planning to implement the permission to change land use purposes.
Regarding connecting walkways, the Ministry of Agriculture and Environment said that Clause 3, Article 11 of Resolution 254/2025/QH15 stipulates that the separation or consolidation of plots must ensure that there is a walkway connecting to public transport, or agreed by adjacent land users to pass through.
In case the land user reserves a part of the area of a residential land plot, or a land plot with residential land and other land in the same plot, to make a walkway, when separating or merging plots, it is not mandatory to change the land use purpose for the area used as a walkway.
Also according to the regulations cited by the Ministry, in case of changing the land use purpose of a part of the land plot, it is not mandatory to separate the plot. This is the basis for localities to consider each specific dossier when people have a need to change the purpose for the land inside and arrange a walkway connecting to the existing road.
Based on the above grounds, the Ministry of Agriculture and Environment requests people to send documents attached to dossiers and documents related to the local land management agency for guidance and resolution according to their authority and in accordance with legal regulations.
