Mr. P.D.N asked, does the regulation "the separation and merger of land plots must ensure a path" in Article 220 of the 2024 Land Law apply to all types of land, or only apply to some specific types?
According to Mr. N, if applied to all types of land, it is very inappropriate, for example, in the case of parents leaving 2 sao of rice fields in the middle of the field, wanting to separate them for 2 sons, they certainly do not have enough conditions to separate.
He asked, so what is the correct understanding of "assurance of having a walkway"? Is the walkway required to be a legal road, recognized by the Commune People's Committee, shown on the cadastral map and have a land code (DGT), or is it just a small road opened by the family itself, connected to public roads, and signed for joint use by related households that is also considered "with a walkway", meeting the conditions for considering separation and land consolidation for forest land?
The Ministry of Agriculture and Environment answers this question as follows:
Clause 1, Article 220 of the 2024 Land Law stipulates the general principles and conditions when separating land plots and merging land plots. In which, the regulation of the conditions for separating land plots must have a walkway and be connected to existing public roads is synchronous with the provisions of Article 254 of the Civil Code.
The regulation on "paths" in Article 220 of the Land Law is to create conditions for land users to have the right to enter their land plots, not requiring "paths" to be mainland public roads, and also not requiring paths to be public roads with land codes (DGT).
Clause 4, Article 220 of the 2024 Land Law stipulates: "Provincial People's Committees shall base on the provisions of Clauses 1, 2 and 3 of this Article, other relevant legal regulations and local customs and habits to specifically stipulate the conditions and minimum area for land plot separation and land consolidation for each type of land".
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