Conditions for splitting agricultural land plots
Land plot separation must ensure the following principles and conditions:
- The land plot has been granted one of the following types of certificates: Certificate of land use rights, Certificate of house ownership and residential land use rights, Certificate of land use rights, house ownership and other assets attached to land, Certificate of land use rights, ownership of assets attached to land;
- Land plots still within the land use term;
- Land is not disputed, not distrained to ensure judgment enforcement, not subject to temporary emergency measures of competent state agencies.
In case the land is disputed but the scope of disputed area and boundaries can be determined, the remaining disputed area and boundaries of that land plot are allowed to be divided into land plots;
- Land plot separation must ensure a walkway; being connected to existing public transport roads; ensuring reasonable water supply, drainage and other necessary needs. In case the land user reserves a part of the area of the residential land plot or land plot with residential land and other land in the same land plot to make a walkway, when carrying out land plot separation, it is not necessary to change the land use purpose for the land area to make that walkway.
In case of land plot separation, in addition to the principles and conditions specified in Clause 1 of this Article, the following conditions must also be ensured:
- Land plots after subdivision must ensure the minimum area with the type of land being used according to the regulations of the Provincial People's Committee;
- In case of changing the purpose of use of a part of a land plot, land plot separation is carried out, the minimum area of the land plot after separation must be equal to or greater than the minimum area of the type of land after changing the purpose of use. For land plots with residential land and other land, land plot separation is not mandatory when changing the purpose of use of a part of a land plot, except in cases where land users have a need to separate land plots;
- In case of land use right division according to the judgment or decision of the Court, if the division does not ensure the conditions, area, and size of land plot separation as prescribed, land plot separation shall not be carried out.
How to separate land plots but not enough area
The fact that land users do not meet the conditions for separating agricultural land plots due to not ensuring the minimum area for plot separation is quite common. However, point a, clause 2, Article 220 of the 2024 Land Law stipulates:
In case the separated land plot has an area smaller than the minimum area allowed for land separation, land consolidation must be carried out simultaneously with the adjacent land plot.
According to the above regulations, if the land user requests land plot separation and the land plot formed from land plot separation does not ensure the minimum land plot separation area, it is allowed to separate land plots simultaneously with land plot consolidation and is granted a Certificate of Land Use Rights for the new land plot.
