Mr. N.M.D in Dong Nai reflected that his family has 383.4 m2 of land, suitable for local residential land. Now that his family has completed the procedures to change the purpose of using 100 m2 from perennial land to residential land, the officer said that it is mandatory to change the entire area in the red book.
Mr. Duc asked whether his family should change the entire 383.4 m2 or not?
The Ministry of Agriculture and Environment responds to this issue as follows:
The content of the people's questions is under the authority of the locality. Therefore, the Ministry of Agriculture and Environment has no basis to give a specific answer.
The Ministry provides some information as follows:
Article 220 of the Land Law stipulates the conditions and principles when implementing land division. Accordingly, Point b, Clause 2 stipulates that in case of changing the land use purpose of a part of a land plot, the land division and the minimum area of the land plot after division must be equal to or larger than the minimum area of the land type after changing the land use purpose.
Regarding the content of regulations on land division and consolidation, the Ministry of Agriculture and Environment has studied, advised the Government and submitted to the National Assembly to issue a Resolution on regulations on a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law.
Including the content "In case of changing the purpose of use of a part of the land plot, it is not mandatory to separate the land plot".
The Ministry of Agriculture and Environment would like to inform you so that you know and comply with the provisions of the law.