On the Government Portal, citizen H.T. P (Lam Dong) wondered:
I have 6,500 m2 of land for perennial crops, adjacent to the road 50 m. In 2006, she sold to the land user behind her land plot 2,500 m2, adjacent road 2.5 m.
Now I want to separate that land for the buyer, is that possible? With the separated land plot, is the area and adjacent road surface eligible, what clause is the implementation process based on?
The Ministry of Agriculture and Environment answers this question as follows:
The content of her reflection is that the specific case is under the jurisdiction of the locality and needs to be based on archival records, specific regulations that the locality has issued according to its authority to enforce the Land Law for consideration and resolution; therefore, the Ministry has no basis to answer. The Ministry of Agriculture and Environment would like to state some principles as follows:
Article 220 of the Land Law stipulates the separation and consolidation of land plots. Accordingly, Clause 4, Article 220 of the Land Law stipulates that the Provincial People's Committee shall base on the provisions of Clauses 1, 2 and 3 of this Article, other relevant legal regulations and customs and habits in the locality to specifically stipulate the conditions and minimum area of land plot separation and consolidation for each type of land.
Clause 3, Article 11 of Resolution No. 254/2025/QH15 dated December 11, 2025 of the National Assembly stipulates that 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 roads or agreed by adjacent land users to pass through to connect to public roads.
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 they have submitted sufficient valid dossiers to carry out procedures for land separation and land consolidation before the date the Resolution takes effect but have not been resolved, they shall be implemented according to the provisions of this Resolution.
The Ministry of Agriculture and Environment would like to provide information for you to know and contact the competent authority in the locality to be considered and resolved according to the provisions of law.
