On the Government Information Portal, Ms. N.T.M in Hung Yen shared that she has a plot of land on the village road, a road with a planned expansion plan.
Ms. M asked, after expanding the road, is it allowed to change the land use purpose? What is the conversion procedure?
When Ms. M contacted the ward, she was instructed to write a commitment to donate land for road construction and add a survey map showing the planning boundary (the plot of land has been measured on a cadastral map and has been granted a red book).
Ms. M asked if the above instructions were accurate?
The Ministry of Agriculture and Environment responds to this issue as follows:
The current land law does not have regulations on land donation but only regulates the right to donate land use rights (Article 27 of the 2024 Land Law).
Clause 3, Article 135 of the Land Law stipulates: "In case a land user gives land use rights to the State or gives land use rights to a community to build works serving the common interests of the community or expand roads according to the planning or gives land use rights to build houses of gratitude, charity houses, solidarity houses attached to land according to the provisions of law, the State is responsible for arranging funds to conduct measurements, corrections, updates of cadastral records and issue Certificates of land use rights and ownership of assets attached to land to land users according to the provisions of this Law; land users do not have to pay fees for this case".
Clause 1, Article 40 of Decree No. 101/2024/ND-CP dated July 29, 2004 of the Government regulating basic land investigation; registration and issuance of Certificates of land use rights, ownership of assets attached to land and the Land Information System stipulates:
"In case the land plot has been granted a Certificate, it shall be implemented as follows:
Land users submit a document on donating land use rights or a meeting minutes between representatives of villages, hamlets, hamlets, villages, hamlets, blasts, hamlets, hamlets, residential groups, and residential areas with land users regarding the donation of land use rights and the original Certificate issued to the People's Committee of the commune where the land is located.
In case there is a meeting record between the People's Committee at the commune level and the land user on the donation of land use rights, the land user shall only submit the original Certificate issued to the People's Committee at the commune level where the land is located;
The People's Committee at the commune level shall forward documents on the donation of land use rights with the issued Certificate to the Land Registration Office;
The Land Registration Office conducts land survey and adjustment of cadastral maps or cadastral map measurements, confirms changes in the issued Certificate or reissues the Certificate of land use rights and ownership of assets attached to land in the case of donation of a part of the land plot area.
In case the land user donates the entire area of land that has been granted a Certificate, the issued Certificate will be revoked for management.
Award the Certificate of land use rights and ownership of assets attached to land or transfer the Certificate to the People's Committee at the commune level to the person granted".
Pursuant to the provisions of the above law, in case the family gifts land use rights to expand traffic routes, the procedures are carried out according to the provisions of Clause 3, Article 135 of the 2024 Land Law and Clause 1, Article 40 of Decree No. 101/2024/ND-CP and Point IX (order and procedures for registration and issuance of Certificates of land use rights and ownership of assets attached to land in cases of donation of land use rights to the State or communities or traffic expansion) Section C, Part V, Appendix I, attached to Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government regulating the determination of the authority of local authorities at 02 levels, decentralization and delegation in the field of land.
Therefore, based on the above regulations, the case where her family gave her land use rights to expand a traffic road and the Ward People's Committee instructed the family to submit a commitment to donate land for road construction is in accordance with the provisions of law.
Regarding the remaining area of the land plot after donation, because her question did not clearly state what type of land her family had when the state expanded the road, there was no basis to answer specifically.
However, Clause 5, Article 116 of the 2024 Land Law stipulates: "The basis for allowing the conversion of agricultural land use purposes in residential areas, agricultural land in the same plot of land with residential land to residential land or the conversion of non-agricultural land use purposes other than residential land to residential land for households and individuals is district-level land use planning or general planning or zoning planning according to the provisions of law on urban planning approved by competent authorities".
In case the remaining area of her family after donating land use rights to build a traffic road meets the conditions prescribed in Clause 5, Article 116 of the 2024 Land Law, her family should contact the Ward People's Committee for instructions on procedures for changing land use purposes according to the provisions of law.
