On the Government Portal, Ms. T.N in Hanoi reported that her family has a plot of land for growing perennial crops, an area of 350 m2, located in a residential area with a residential land plan. The family wants to convert 100 m2 to residential land to build a house.
In January 2025, Ms. Nga's family completed the conversion procedures but the old District Branch Land Registration Office refused to approve the approval on the grounds that: the land plot did not meet the conditions for division because the land plot frontage was not 10 m enough to be divided into 2 plots according to regulations and required her family to convert the entire area of 350 m2 (land plot size is: 8.92 m x 39.90 m).
Ms. N's family's economic situation is not enough to carry out the conversion of the entire plot of land. Ms. N asked, is it correct for the Land Registration Office to give such instructions? How can her family build a house without breaking the law?
The Ministry of Agriculture and Environment responds to this issue as follows:
The content of her reflection is under the authority of the locality and needs to be based on archival records and specific regulations issued by the locality according to its authority to implement the Land Law for consideration and resolution. Therefore, the Ministry has no basis to give a specific answer. The Ministry would like to point out some principles as follows:
The current land law has specifically stipulated the division and consolidation of land plots in Article 220 of the Land Law. Clause 4, Article 220 of the 2024 Land Law stipulates that "The People's Committees at the provincial level shall base on the provisions of Clauses 1, 2 and 3 of this Article, other relevant legal provisions and local customs and practices to specify the conditions and minimum area for division and consolidation of land plots for each type of land".
Currently, the Hanoi People's Committee has Decision No. 61/2024/QD-UBND dated September 27, 2024 regulating the conditions for land division and land consolidation. Therefore, she needs to study and contact the competent authority to implement or send a petition to the City People's Committee or the Department of Agriculture and Environment for clarification.
