Regulations on land separation when changing the purpose of agricultural land use

Reader N.X. S asked: Based on Clause 3, Article 11 of Resolution No. 254/2025/QH15: "In case of changing the land use purpose of a part of a land plot, land separation is not mandatory. The consolidation of 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".

Based on point b, clause 2, Article 220 of the 2024 Land Law: "b) In case of changing the purpose of use of a part of a 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 purpose of use.

For land plots with residential land and other land, 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 the land plot".

Mr. N.X. S asked, so, according to which regulations will the change of purpose of a part of an independent agricultural land plot be applied, and which agency has the authority to change the land use purpose?

At the same time, if applied according to point b, clause 2, Article 220 of the 2024 Land Law, will the division of plots to determine the boundary of the land area requested for purpose conversion be carried out by the Commune People's Committee or the Branch of the Land Registration Office?

The Ministry of Agriculture and Environment answers this question as follows: Resolution 254/2025 passed by the National Assembly on December 11, 2025 stipulates a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law.

Accordingly, Clause 3, Article 13 of Resolution No. 254/2025 stipulates: "In case this Resolution and other laws have different regulations on the same issue, they shall be implemented according to the provisions of this Resolution".

Thus, the case mentioned in the reflection will be applied according to the provisions of Clause 3, Article 11 of Resolution No. 254/2025, specifically as follows:

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 or land plot consolidation, 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 a 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.

In case of land use right division according to a judgment or decision of the Court where the division does not ensure the conditions, area, and size of land plot separation as prescribed in Article 220 of the Land Law, land plot separation shall not be carried out, except in cases where the judgment or decision of the court takes effect before August 1, 2024.

In case a valid dossier has been submitted to carry out procedures for land separation and land consolidation before the effective date of this Resolution and has not been resolved, it shall be implemented according to the provisions of this Resolution".

Regarding regulations on the authority to resolve administrative procedures on land, Article 14 of Decree No. 49/2026/ND-CP dated January 31, 2026 of the Government has stipulated the decentralization of authority to provincial-level People's Committees to implement in the field of land.

The Ministry of Agriculture and Environment would like to provide information for you to know and implement according to the provisions of law.

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