On the Government Portal, citizens wondered:
Mr. D. V. D's family has 1 residential land plot that has been granted a Certificate of Land Use Rights (red book), on the land there is 1 house with 3 families living stably together. Now families have a need to separate plots, separate red books to build private houses.
According to the local road construction plan, the rice field land of the household located in front has been recovered and has been compensated and cleared for project implementation. However, the residential land plot with the red book of Mr. Dinh's family is adjacent, not rice field land, not located on the recovered land, currently there is no land recovery decision, no compensation notice,
However, when his family completed the procedures for plot separation, the land administration official replied that it would not be resolved on the grounds that the land plot was "stuck with a road construction project".
Mr. D asked, in case the project has completed compensation for rice land, and there is no decision to recover adjacent residential land with a red book, can land users separate plots and separate red books?
Is the land administration agency's refusal to resolve the procedure for separating the land use right certificate in the above case in accordance with the provisions of land law? Does your family need to carry out the procedure or send the dossier to which agency to be considered and resolved in accordance with regulations?
The Ministry of Agriculture and Environment answers this question as follows:
The content of his reflection is a specific case and needs to be based on archived records, specific regulations of the locality issued under its 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:
Article 220 of the Land Law, Clause 3, Article 11 of Resolution No. 254/2025/QH15 dated December 11, 2025 of the National Assembly has stipulated the principles and conditions for land plot separation; in which, Clause 4, Article 220 of the Land Law has assigned the Provincial People's Committee to specifically stipulate the conditions and minimum area for land plot separation and land consolidation for each type of land.
Because the content reflecting his proposal is related to the detailed regulations on the implementation of the Land Law issued by the locality; therefore, the Ministry of Agriculture and Environment requests him to study the above regulations and send feedback and recommendations to the Department of Agriculture and Environment where the land is located for guidance and answers according to the provisions of law.
