Citizens should send questions to the Ministry of Agriculture and Environment asking about the following cases:
Previously, Mr. A's plot No. 1 was granted a land use right certificate by the State in 2022 but there was no access to a public road (because Mr. A's plot No. 2 was within the boundary, so the certificate had not been issued). After that, the citizen received the transfer of land plot No. 1 from Mr. A.
By 2024, Mr. A was granted a land use right certificate for plot No. 2 adjacent to the traffic road, which was adjusted by the Provincial People's Committee to reduce the length of the roadway from 22m to 11m.
Currently, citizens plan to receive the transfer of a part of Mr. A's land plot No. 2 to open a path to the land plot No. 1 that citizens bought in 2022. Can I ask whether this transferred area is eligible for land division and consolidation with land plot No. 1? Does this require procedures for changing land use purposes or not?
Responding to this content, the Ministry of Agriculture and Environment said that the content of citizens' reflections is a specific case under the authority of the locality on the basis of archival records and specific regulations issued by the locality according to the provisions of the Land Law for consideration and resolution. The Ministry would like to point out some principles as follows:
The current land law has stipulated the separation and consolidation of land plots in Article 220 of the 2024 Land Law.
At point d, clause 1, Article 220 of the 2024 Land Law, it is stipulated that: The separation and consolidation of land plots must ensure access; be connected to existing public transport routes; ensure water supply, drainage and other necessary needs in a reasonable manner. 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 for a walkway, when implementing the division or merger of land plots, it is not necessary to change the land use purpose for the land area for that walkway.
Clause 4, Article 220 of the 2024 Land Law stipulates that " Provincial People's Committees shall, based 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 land division and land consolidation for each type of land".
