Is it mandatory to change the land use purpose for the entire plot of land?

(Chinhphu.vn) - Mr. Nguyen Minh Duc's family (Dong Nai province) owns 383.4 m2 of land, which is classified as residential land in the locality. Now, when his family applied to change the land use purpose of 100 m2 from perennial crop land to residential land, they were informed by officials that they must change the entire area stated in the land certificate.

Mr. Duc asked whether his family had to change the land use purpose of the entire 383.4 ^{m2 plot} .

The Ministry of Agriculture and Environment responded to this issue as follows:

Your question concerns a specific case and falls under the jurisdiction of the local authorities. Therefore, the Ministry of Agriculture and Environment has no basis to provide a specific answer. The Ministry of Agriculture and Environment provides the following information:

Article 220 of the Land Law stipulates the conditions and principles for land parcel division. Specifically, point b, clause 2, states that in cases where a portion of a land parcel is converted to a different use, land parcel division must be carried out, and the minimum area of ​​the land parcel after division must be equal to or greater than the minimum area of ​​the land type after the land use conversion.

Regarding regulations on land subdivision and consolidation, the Ministry of Agriculture and Environment has researched, advised the Government, and submitted to the National Assembly a Resolution on regulating some mechanisms and policies to remove difficulties and obstacles in the implementation of the Land Law. This includes the provision that "In cases where the purpose of use of a portion of a land parcel is changed, land subdivision is not mandatory."

The Ministry of Agriculture and Environment is providing this information for your awareness and compliance with the law.

Chinhphu.vn

Source: https://baochinhphu.vn/co-bat-buoc-chuyen-muc-dich-su-dung-ca-thua-dat-102251213225928352.htm