Ms. N.T.H in Bac Ninh reflected that currently, her family has 2 land plots. The first plot is residential land, with an area of 310 m2; the second plot is aquaculture land, with an area of 391 m2. Now she needs to divide land for her two children. However, one child does not need to change the land use purpose to residential land.
According to regulations, the minimum area allowed for land plot separation for agricultural land is 360 m2, and for residential land is 70 m2. On that basis, she plans to implement the procedures according to the following steps:
First, carry out procedures to separate plots for aquaculture land plots into two parts, including one plot of 360 m2 and one plot of 31 m2; and at the same time convert the land use purpose of 31 m2 of agricultural land to residential land.
Second, carry out the procedures for consolidating all two land plots mentioned above according to the provisions of point a, clause 3, Article 220 of the 2024 Land Law.
Third, after consolidating the land plot, proceed to separate the land plot that has been consolidated into two parts according to the provisions of Clause 2, Article 9 of Decision No. 32/2024/QD-UBND of Bac Ninh Provincial People's Committee.
Ms. H asked, is the order and implementation plan as above consistent with current legal regulations? Can you implement land separation and land division for your children in this way?
Regarding this issue, the Ministry of Agriculture and Environment has the following opinions:
The application of policies to consider and segregate land plots for households and individuals who are using land needs to be based on each specific case and needs to be based on dossiers, therefore, the Ministry of Agriculture and Environment does not have a basis for a specific answer. The Ministry of Agriculture and Environment has opinions on the following principles:
In principle, the conditions for land plot separation and land consolidation are specified in Article 220 of the 2024 Land Law, in which localities must specify the conditions and minimum area for land plot separation and land consolidation for each type of land to suit the customs and habits in that locality.
The Ministry of Agriculture and Environment would like to provide information so that citizens can know and contact competent authorities in their localities for consideration and resolution in accordance with the law.
