Consulting on this case, Lawyer Tran Tuan Anh - Director of Bright Legal Law Firm said that the current Land Law and related legal documents currently only stipulate general conditions for dividing land plots without regulations on not allowing division of agricultural land plots.
"Therefore, it can be understood that agricultural land users have the right to carry out land division procedures. However, it is necessary to fully meet the general conditions and specific conditions of each locality" - Lawyer Tran Tuan Anh emphasized.
Conditions for dividing agricultural land plots
Pursuant to Article 222 of the 2024 Land Law, the separation of agricultural land plots must meet the following conditions:
Agricultural land for subdivision must have a Certificate of Land Use Rights (in some localities, this document is not required but only requires the conditions to be granted a Certificate);
The agricultural land plot is not in dispute; not seized to ensure enforcement of judgments...
Agricultural land with a term of use;
The agricultural land plot meets the conditions on minimum area and size for subdivision.
Want to separate a plot of land but not enough area
The fact that land users are not eligible for agricultural land division due to failure to ensure conditions for the minimum area for division is quite common. However, Point a, Clause 2, Article 220 of the 2024 Land Law stipulates:
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.
According to the above regulations, if the land user requests to separate a land plot that is formed from the division and does not ensure the minimum area for division, the land plot is allowed to be separated at the same time as the merger of the land plot (buying an additional part of the adjacent land plot) and is granted a Certificate of Land Use Rights for the new land plot.
