Article 4 of the decision stipulates the following cases where land plots cannot be divided:
1. Failure to ensure the principles and conditions as prescribed in Article 220 of the Land Law dated January 18, 2024.
2. Residential land in new urban areas, resettlement areas, rural residential areas, residential areas in communes, wards and towns that have had detailed planning at a scale of 1/500 established and approved in accordance with the law on construction at the time of approval (except in cases where the competent authority approves planning adjustments); service land plots allocated by the State when reclaiming agricultural land in accordance with Decree No. 17/2006/ND-CP dated January 27, 2006 on amending and supplementing a number of articles of the decrees guiding the implementation of the Land Law and have had detailed planning approved; Decree No. 187/2004/ND-CP dated November 16, 2004 on converting state-owned enterprises into joint stock companies and Decree No. 84/2007/ND-CP dated May 25, 2007 of the Government providing additional regulations on granting Land Use Right Certificates, land recovery, implementation of land use rights, procedures for compensation, support, resettlement when the State recovers land and settlement of land-related complaints.
3. The land plot is located in an area where there is a land recovery notice or land recovery decision by a competent state agency.
4. In case the transferees, donors, or inheritors of the right to use the same plot of residential land or agricultural land in an existing residential area divide it among each person, and the land area of each person is divided smaller than the minimum area prescribed in Clause 3, Article 6 and Article 9 of this Regulation, the land plot cannot be divided but the land use right must be expressed together.
5. Land plots encroached upon, occupied, or land plots used for other purposes not permitted by competent state agencies.
6. A land plot that has built a level IV or higher construction according to the provisions of the law on construction, but when the land plot is divided, the entire level IV construction is not located entirely within one (01) new land plot and does not have a clear boundary (divided through a level IV or higher construction).
7. For land areas within the project premises that have been allocated or leased but this land is not allocated or leased (because it was previously planned land or belonged to the safety corridor of the construction and now the planning has been adjusted or the construction has been moved and no longer has a safety corridor) and has an area equal to or larger than the minimum area specified in Article 10 of this Regulation, it is still determined to be a small, narrow plot of land that does not meet the conditions for land division.
8. Other cases where land plots cannot be divided according to the provisions of law.
