Citizens send questions to the Ministry of Agriculture and Environment with the content:
I have 2 land plots in Binh Dien commune, Hue City: Plot No. 39, map sheet No. 22, area 264.8m2, current status is other annual crop land; according to land use planning, it is residential land. Plot No. 41, map sheet No. 22, area 91.8m2, current status is other annual crop land; according to land use planning, it is traffic land.
According to Clause 5, Article 116 of the 2024 Land Law, the basis for allowing land use purpose conversion for households and individuals is land use planning or urban planning approved by competent authorities.
In addition, Article 29 of the 2024 Land Law and Article 254 of the 2015 Civil Code stipulate the right to walkways through adjacent real estate to ensure the right to access public transport for surrounded land plots.
Based on the above grounds, I respectfully request competent authorities to answer:
1. For land plot No. 39
The land plot has been in accordance with residential land planning but is currently not adjacent to public transport roads. Is this case considered for conversion of land use purpose from agricultural land to residential land?
If conditions are not met, please provide information on which legal basis stipulates that the land plot must be adjacent to a traffic road to be converted for land use purposes.
2. Cases where traffic connection must be ensured
If the land use purpose conversion requires the land plot to be adjacent to or connected to public transport, please provide guidance:
Can citizens build bridges, roads or connection works through ditches and ditches to connect land plot No. 39 with land plot No. 41 adjacent to National Highway 49 to ensure legal access? If possible, please provide guidance to competent authorities on the order and procedures for implementation.
In case the construction of connecting works is not allowed, it is proposed to guide the establishment of rights to walkways through adjacent real estate according to Article 29 of the 2024 Land Law and Article 254 of the 2015 Civil Code to ensure the legitimate land use rights of citizens.
The Ministry of Agriculture and Environment has the following opinions:
- Point b, Clause 2, Article 220 of the Land Law stipulates: "b) In case of changing the purpose of use of a part of a land plot, land plot separation must be 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 purpose of use. For land plots with residential land and other land, land plot separation is not mandatory when changing the purpose of use of a part of a land plot, except in cases where land users have a need to separate land plots;"
- Clause 3, Article 11 of Resolution No. 254/2025/QH15 dated December 11, 2025 of the National Assembly stipulates a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law, stipulating: "3. The separation of land plots and land consolidation specified in point d, clause 1, Article 220 of the Land Law must ensure that there is a walkway connecting to public transport or agreed by adjacent land users to pass through to connect to public transport. In case land users reserve a part of the area of residential land plots or land plots with residential land and other land in the same land plot to make a walkway, when carrying out land separation or land consolidation, it is not mandatory to carry out land use purpose conversion for the land area to make that walkway.
In case of changing the land use purpose of a part of the land plot, land separation is not mandatory. Merging land plots is not mandatory for the same land use purpose, the same form of land use fee payment, land rent, and the same land use term.
- 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.
Based on the above regulations, in case of changing the land use purpose of a part of the land plot without separating the land plot, it is necessary to ensure the conditions for allowing the change of land use purpose; in case of changing the land use purpose of a part of the land plot but separating the land plot, in addition to ensuring the conditions for allowing the change of land use purpose, it is necessary to ensure the conditions for separating the land plot according to the provisions of land law.
