In 2023, Ms. Trang received a transfer of 320 m2 of perennial crop land. This plot of land was personally purchased by her parents and transferred to Ms. Trang's name. Subsequently, she applied to convert 270 m2 of this land into residential land in rural areas (the local land allocation limit for residential use being 300 m2). Now, the Land Registration Office has determined that her application to convert the land use exceeds the limit.

Ms. Trang asked whether it is correct to determine that she has exceeded the residential land limit, considering she has not been granted a Certificate of Land Use Rights before, nor has she previously applied to convert land use.

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

Based on Ms. Trang's request, it is unclear whether the area of perennial crop land transferred to her in 2023 has been granted a Certificate of Land Use Rights. Therefore, the Ministry of Natural Resources and Environment lacks sufficient grounds to provide a specific answer. The Ministry of Natural Resources and Environment generally states the following:

If the area of perennial crop land has been granted a Certificate of Land Use Rights, then the procedures for converting land use must be carried out in accordance with Article 69 of Decree No. 43/2014/NĐ-CP dated May 15, 2014, detailing the implementation of certain provisions of the Land Law. Accordingly, the natural resources and environment agency is responsible for reviewing the dossier, verifying the actual situation, assessing the need for land use conversion, guiding the land users in fulfilling financial obligations as prescribed by law, submitting to the competent People's Committee for a decision on land use conversion, and updating and correcting the land database and cadastral records.