When Ms. Mang contacted the ward, she was instructed to write a commitment to donate land for road construction and to supplement the survey map showing the planning boundary (the land plot had been measured from the cadastral map and had been granted a red book).

Ms. Mang asked, is the above instruction correct?

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

Current land law does not have regulations on land donation but only stipulates the right to donate land use rights (Article 27 of the 2024 Land Law).

Article 135, Clause 3 of the Land Law stipulates: "In case a land user donates land use rights to the State or donates land use rights to the community to build works serving the common interests of the community or to expand traffic routes according to planning or donates land use rights to build gratitude houses, charity houses, and solidarity houses attached to land according to the provisions of law, the State shall be responsible for arranging funds to measure, adjust, update cadastral records and issue Certificates of land use rights and ownership of assets attached to land to land users according to the provisions of this Law; land users shall not have to pay any costs in this case".

In Clause 1, Article 40 of Decree No. 101/2024/ND-CP dated July 29, 2004 of the Government regulating basic land survey; registration, issuance of Certificates of land use rights, ownership of assets attached to land and the Land Information System stipulates:

"1. In case the land plot has been granted a Certificate, the following shall be implemented:

a) The land user shall submit a document on donation of land use rights or a meeting record between the representative of the village, hamlet, village, village, village, village, bomb, phum, soc, residential group, residential area with the land user on the donation of land use rights and the original Certificate issued to the People's Committee of the commune where the land is located.

In case there is a meeting record between the People's Committee of the commune and the land user on the donation of land use rights, the land user shall only submit the original Certificate issued to the People's Committee of the commune where the land is located;

b) The People's Committee of the commune shall transfer the document on the donation of land use rights together with the issued Certificate to the Land Registration Office;

c) The Land Registration Office shall conduct surveying and correcting the cadastral map or Extract cadastral maps, confirm changes to the issued Certificate or issue new Certificates of land use rights and ownership of assets attached to land in case of donation of a part of the land plot area.

In case the land user donates the entire land area for which a Certificate has been issued, the issued Certificate shall be revoked for management;

d) Hand over the Certificate of land use rights and ownership of assets attached to land or transfer the Certificate to the People's Committee at the commune level to hand over to the grantee.

Pursuant to the provisions of the above law, in case your family donates the right to use land to expand the road, the procedures shall be implemented according to the provisions of Clause 3, Article 135 of the 2024 Land Law and Clause 1, Article 40 of Decree No. 101/2024/ND-CP and Point IX (Procedures and procedures for registration and issuance of Certificates of land use rights and ownership of assets attached to land in cases of donating land use rights to the State or residential communities or expanding roads) Section C Part V Appendix I attached to Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government regulating the division of authority of local authorities at 02 levels, decentralization and decentralization in the field of land. Therefore, based on the above regulations, in the case of your family donating the right to use land to expand the road, the Ward People's Committee instructing the family to make a commitment to donate land for road construction is in accordance with the provisions of law.

Regarding the remaining area of the land plot after the donation, because your question does not clearly state what type of land your family's land plot is when the state expands the road, there is no basis for a specific answer.

However, Clause 5, Article 116 of the 2024 Land Law stipulates: "5. The basis for allowing the conversion of agricultural land use purposes in residential areas, agricultural land in the same plot of land with residential land to residential land or conversion of non-agricultural land use purposes that are not 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 competent authorities".

In case the remaining area of your family after donating the land use right to build a road meets the conditions prescribed in Clause 5, Article 116 of the 2024 Land Law, your family should contact the Ward People's Committee for instructions on procedures for changing the land use purpose according to the provisions of law.