On the Ministry of Agriculture and Environment's Information Portal, citizens send questions:
I have a residential land plot planned to be divided into 3 different land plots, but only one land plot after separation is adjacent to a traffic road. The other two land plots, although not adjacent to a traffic road, I have been documented by the owner of the adjacent land plot (with signature certification at the commune-level People's Committee) to allow me to use their residential land plot to make a walkway to access public traffic roads (this land plot currently has existing walkways on the land).
Considering other conditions on land plot separation, the land plots expected to be formed after separation are all guaranteed to comply with the State's regulations and regulations issued by the Provincial People's Committee.
So, with the document of the adjacent land user mentioned above, has my family met the "path" conditions according to Clause 3, Article 11 of Resolution No. 254/2025/QH15 dated December 11, 2025 of the National Assembly?
The Ministry of Agriculture and Environment has the following opinions:
The content of your reflection is a specific case and needs to be based on archived records, specific regulations of the locality issued under their authority to consider and resolve; therefore, the Ministry of Agriculture and Environment does not have enough information and basis to answer specifically. The Ministry of Agriculture and Environment would like to state some principles as follows:
According to the content provided, the 2 land plots expected to be formed after separation are not adjacent to public roads, but the adjacent land user has made a document agreeing to let him/her pass through their land plot to connect to public roads; the document has been certified by signature at the commune-level People's Committee; in fact, there is a walkway.
According to Clause 3, Article 11 of Resolution No. 254/2025/QH15 dated December 11, 2025 of the National Assembly, it is stipulated: the separation and consolidation of land plots according to Point d, Clause 1, Article 220 of the Land Law must ensure that there is a walkway connected to public transport roads or agreed by adjacent land users to pass through to connect to public transport roads.
Article 220 of the Land Law stipulates the separation and consolidation of land plots; accordingly, the separation of land plots must meet the conditions prescribed by the Law and the specific conditions prescribed by the Provincial People's Committee according to its authority in Clause 4 of this Article.
Currently, according to the provisions of Article 15 of Decree No. 49/2026/ND-CP, the Government has assigned the Provincial People's Committee to regulate the order and administrative procedures for land to organize implementation in localities. Therefore, the Ministry of Agriculture and Environment requests you to send reflections and recommendations to the Department of Agriculture and Environment where the land is located for guidance on implementation.
The Ministry of Agriculture and Environment informs you to know and study implementation.
