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In case of changing the use purpose of part of the land plot without splitting the plot, the conditions to allow the change of land use purpose must be met. Mr. Hoang Phuong Nams family (Hue) has 264.8 m2 of land in the commune. Through research, he learned that the basis for changing the use purpose of agricultural land in residential areas, agricultural land in the same plot of land with residential land to residential land or changing the use purpose of non-agricultural land other than residential land to residential land for households and individuals is the district-level land use planning or general planning or zoning planning according to the provisions of the law on urban planning approved by the competent authority. Article 122 of the Land Law stipulates the provisions of the law on urban planning. The case of changing the land use purpose also does not show that it is adjacent to a road. Mr. Nam wants to convert the entire area of the above land plot to residential land, without carrying out the procedure for separating the plot. He asked, is it right or wrong for the authorities to base on the current status of the land plot not adjacent to the road and not on the planning of the land plot to not allow the land use purpose to be changed from agricultural land to residential land (the land plot is in accordance with residential land planning)? The Ministry of Agriculture and Environment answers this issue as follows: At Point b, Clause 2, Article 220 of the Land Law, it is stipulated: b) In case of changing the use purpose of a part of the land plot, the plot must be divided. The minimum area of the land plot after separation must be equal to or greater than the minimum area of the land type after changing the use purpose. For land plots with residential land and other land, separation of the plot is not required when changing the use purpose of a part of the land plot, except In case the land user wishes to separate the plot;. Clause 3, Article 11 of Resolution No. 254/2025/QH15 dated December 11, 2025 of the National Assembly stipulating a number of mechanisms and policies to remove difficulties and obstacles in the implementation of the Land Law stipulates: 3. The division of land plots and consolidation of land plots specified in Point d, Clause 1, Article 220 of the Land Law must ensure that there is a connecting path. connected to a public road or approved by the adjacent land user to pass through to connect to a public road. 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 dividing the land plot or combining the land plot, it is not required to change the land use purpose of that part of the land area to make a walkway. In case of changing the use purpose of a part of the land plot, it is not required to change the land use purpose of that part of the land area to make a walkway. Compulsory division of land plots is not required for the same land use purpose, same form of payment of land use fees, land rent, same land use term. Article 122 of the Land Law only stipulates the conditions for changing land use purposes for changing the use purpose of rice cultivation land, special-use forest land, protective forest land, and production forest land to other purposes, allowing change of land use purpose to implement investment projects, allowing change of purpose. Use land to carry out an investment project to build commercial housing, in which there is no condition of having an edge adjacent to a traffic road. Based on the above regulations, in case of changing the use purpose of a part of the land plot without dividing the plot, the conditions for changing the land use purpose must be met; In case of changing the purpose of using a part of the land plot and splitting the plot, in addition to ensuring the conditions for changing the land use purpose, the conditions for separating the land plot must also be ensured according to the provisions of the law on land. The Ministry of Agriculture and Environment would like to inform you and research and implement it. Chinhphu.vn See moreCan agricultural land with a house built on it be converted to residential land? See moreConditions for converting a part of agricultural land to residential land See moreArticles Conditions, procedures, land use fees when converting farmland into residential land See moreDetermining the origin of land to enjoy incentives when converting to residential land See morePrice land in residential areas, when can it be converted to residential land? See moreWhat conditions must be met to change the purpose of residential land? See moreWhen can crop land be converted to residential land?
