On the Government Portal, Mr. N.T.H in Phu Yen reported that he bought land in a town in Dong Xuan district, Phu Yen province (old), now Dong Xuan commune, Dak Lak province.
According to Decision No. 46/2024/QD-UBND dated October 10, 2024 of the People's Committee of Phu Yen province, the minimum area for land division is 50m2 for wards and towns and 60m2 for communes; Decision No. 41/2024/QD-UBND dated October 17, 2024 of the Dak Lak Provincial People's Committee stipulates 40m2 and 60m2.
Mr. H asked to separate 55m2, but the commune could not answer, only separating 60m2 according to the old regulations because Dong Xuan became a commune after July 1. communes previously merged into wards are separated to 40m2 or 50m2; towns and wards become communes are only separated to 60m2.
Mr. H asked how to apply it exactly? Which document of the two old provinces is suitable at this time?
The Ministry of Agriculture and Environment responds to this issue as follows:
The content of his reflection is a specific case under the authority of the locality. Therefore, the Ministry of Agriculture and Environment has no basis to answer.
The Ministry would like to consider some of the following principles:
The separation of land plots must ensure the conditions stipulated in Article 220 of the 2024 Land Law. Accordingly, the separation and consolidation of land plots must ensure the following principles and conditions:
The land plot has been granted one of the following certificates: Certificate of land use rights, Certificate of house ownership rights and land use rights, Certificate of land use rights, house ownership rights and other assets attached to land, Certificate of land use rights, ownership rights of assets attached to land.
The land plot is still within the land use term.
The land is not in dispute, not subject to seizure to ensure enforcement of judgments, and not subject to temporary emergency measures by competent state agencies.
In case the land is in dispute but the scope of the disputed area and boundary can be determined, the remaining uncontested area and boundary of that land plot may be divided or merged.
The separation and consolidation of land plots must ensure access; be connected to existing public transport routes; ensure water supply, drainage and other necessary needs in a reasonable manner. 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 for a walkway, when implementing the division or merger of land plots, it is not necessary to change the land use purpose for the land area for that walkway.
In case of land division, in addition to the principles and conditions specified in Clause 1 of this Article, the following conditions must be ensured:
The plots of land after division must ensure the minimum area for the type of land in use according to the regulations of the Provincial People's Committee.
In case the area of the divided land plot is smaller than the minimum area allowed for division, the plot must be merged with the adjacent land plot at the same time.
In case of changing the purpose of use of a part of a land plot, the land plot must be separated, the minimum area of the land plot after separation must be equal to or larger than the minimum area of the land type after changing the purpose of use. For land plots with residential land and other land, it is not mandatory to separate the land plot when changing the purpose of use of a part of the land plot, except in cases where the land user has a need to separate the land plot.
In case of dividing land use rights according to a judgment or decision of the Court, if the division does not ensure the conditions, area, and size of the plot separation according to regulations, the plot separation shall not be carried out.
In case of a land plot, in addition to the principles and conditions specified in Clause 1 of this Article, the following conditions must be ensured:
The merger of land plots must ensure the same land use purpose, land use term, and form of land rental payment, except in cases where the entire or part of the land plot has residential land and other land in the same land plot together and in cases where the land plot has residential land and other land in the same land plot as the residential land plot.
In case the plots of land have different land use purposes, land use term, and land rental payment methods, it must be carried out simultaneously with procedures for changing land use purposes, adjusting land use term, and changing land rental payment methods to unify according to one purpose, one land use term, and one form of land rental payment according to the provisions of law.
The provincial People's Committee shall base on the provisions of Clauses 1, 2 and 3 of this Article and other relevant legal provisions and local customs and practices to specify the conditions and minimum area for land division and land consolidation for each type of land".
Accordingly, the plots of land after division must ensure the minimum area for the type of land in use according to the regulations of the Provincial People's Committee.
