The Ministry of Agriculture and Environment has just issued a document responding to the reflection of the Nghe An Provincial Department of Justice related to the land sector. The reflection content is as follows: According to the provisions of Clause 5, Article 116 of the 2024 Land Law, converting agricultural land use purposes in residential areas to residential land for households and individuals is a district-level land use planning or a general planning or zoning planning according to the provisions of the law on urban planning approved by competent authorities. However, there is currently no basis to determine what is "agricultural land in residential areas".
Regarding this reflection, the Ministry of Agriculture and Environment responded as follows: The Ministry of Agriculture and Environment proposes to remove it from the list and give the following comments, the 2024 Land Law and guiding documents for the implementation of the Law do not stipulate the limit for converting land use purposes that are based on the permission to change the purpose of using agricultural land in residential areas, agricultural land in the same plot of land with residential land to residential land or change the purpose of using non-agricultural land other than residential land to residential land for households and individuals, which is district-level land use planning or general planning or zoning planning according to the provisions of the law on urban planning approved by competent authorities (according to Clause 5, Article 116 of the 2024 Land Law; Clause 44, Article 1 of NCP2/2024/ND-CPN-ND of the Government).
At Point e, Clause 1, Article 66 of the 2024 Land Law, it is stipulated that the basis for establishing district-level land use planning: for determining the demand for rural residential land is determined based on population forecasting, infrastructure conditions, landscape, and environment according to the provisions of the law on construction; The Law on Urban and Rural Planning recently passed by the National Assembly at the 8th Session has specific regulations on rural residential areas, including the concept of rural residential areas, regulations on establishing detailed planning for rural residential areas, specifically identifying rural residential areas...
Therefore, it is recommended to base on the provisions of the Law on Urban and Rural Planning to determine the scope and boundaries of rural residential areas.
