Reader V.T. T asked: You have 600 m2 of land for perennial crops, the land plot is adjacent to the road. Now you have a need to change the land use purpose of 100 m2 to residential land.
Mr. T asked, according to Resolution No. 254/2025/QH15 and current regulations, does he have to carry out land separation procedures when changing purpose and is he eligible to convert 100 m2 from crop land to residential land?
The Ministry of Agriculture and Environment answers this question as follows:
Point b, Clause 2, Article 220 of the Land Law stipulates:
b) In case of changing the land use purpose of a part of the land plot, land plot separation is 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 land use purpose. For land plots with residential land and other land, land plot separation is not mandatory when changing the land use purpose of a part of the 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 connected to public transport or agreed by the adjacent land user to pass through to connect to public transport.
In case the land user reserves a part of the area of a residential land plot or a land plot with residential land and other land in the same land plot to make a walkway, when carrying out land plot separation, 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.
The Ministry of Agriculture and Environment would like to inform you for research and implementation.
