On the Government Information Portal, Mr. H.V.P in Da Nang reflected that his father is the owner of a land plot, and has a need to change the land use purpose and separate the plot for his children.
In 2019, his father carried out procedures to convert 300 m2 of perennial crop land to residential land. The dossier was measured by the district (old) land registration office, prepared a dossier and submitted to competent authorities for settlement.
After having a decision allowing land use purpose conversion, Mr. P's father paid enough 550 million VND in land use fees. However, when continuing to carry out land separation procedures to divide land for his children, the dossier was returned by functional agencies with the reason that the land plot was in the planning and did not meet the conditions for land separation.
Mr. P asked, in this case, which agency is responsible for resolving it? If the land plot is not allowed to be separated, does your family have the right to request repayment of the amount paid when changing land use purposes? How are the order, procedures for resolving and legal bases applied in this case stipulated?
Regarding this issue, the Ministry of Agriculture and Environment has the following opinions:
Clause 4, Article 220 of the Land Law stipulates:
The provincial-level People's Committee shall, based on the provisions of Clauses 1, 2 and 3 of this Article, other relevant legal regulations and local customs and habits to specifically stipulate the conditions and minimum area for land plot separation and land consolidation for each type of land".
The Ministry of Agriculture and Environment provides information for him to know, to study and learn about the specific regulations of the locality on the conditions and minimum area for land plot separation and land consolidation for each type of land and to contact the competent authority in the locality for consideration and guidance on settlement according to the provisions of law.
In case citizens do not agree with the results of administrative procedure resolution, citizens have the right to complain and sue administrative decisions and administrative acts on land management according to the provisions of Article 237 of the Land Law and Article 7 of the 2011 Law on Complaints.
