The land area within the limit for residential land allocation in the town where Mr. Toan resides is 120 square meters, and the limit for recognizing the right to use residential land is 400 square meters.

Mr. Toan asked, in the case of changing the land use purpose of individual households, should the land area within the limit for residential land allocation be subtracted, or should the limit for recognizing the right to use residential land be used to determine the area within and beyond the limit when changing the land use purpose (this is land owned by individual households and not land allocated by the state according to the law; this includes inherited land and land received through transfer)?

The Ministry of Natural Resources and Environment responded as follows:

In Articles 14, 52, and 57 of the Land Law, it is stipulated:

"Article 14. The state decides the land use purpose

The state determines the land use purpose through land use planning, land use plans, and allows the change of land use purpose."

"Article 52. Basis for land allocation, land lease, and permission for land use purpose change

1. The annual land use plan of the district level has been approved by the competent state authority.

2. Land use needs are expressed in investment projects, land allocation or lease applications, and land use purpose change requests.

"Article 57. Changing the land use purpose

1. Cases of changing the land use purpose must be approved by the competent state authority, including:

a) Changing rice cultivation land to perennial tree cultivation, forest land, aquaculture land, salt-making land;

b) Changing other annual crop cultivation land to brackish water aquaculture land, salt-making land, aquaculture land in the form of ponds, lakes, and marshes;

c) Changing special-use forest land, protective forest land, production forest land to other purposes within the agricultural land group;

d) Changing agricultural land to non-agricultural land;

đ) Changing non-agricultural land assigned by the state without land use fees to non-agricultural land assigned by the state with land use fees or leased land;

e) Changing non-residential non-agricultural land to residential land;

g) Changing land for construction of public works, land used for business purposes in production and non-agricultural business activities that are not commercial or service land to commercial or service land; changing commercial or service land, land for construction of public works to non-agricultural production base land.

2.  When changing the land use purpose as prescribed in Clause 1 of this Article, land users must fulfill financial obligations as prescribed by law; land use regimes, rights, and obligations of land users are applied according to the land type after the change of land use purpose."

Land laws do not specify a limit for changing the land use purpose. Therefore, in cases where land users wish to change the land use purpose, the competent state authority will consider it based on the provisions of the law, land use planning, land use plans, and allow the change of land use purpose.

Therefore, it is recommended that you contact the district-level People's Committee where the land is located to obtain specific guidance.

According to Chinhphu.vn (Government Newspaper).