1. Minimum area allowed for land division in Hanoi in 2025
Decision 61/2024/QD-UBND stipulates that from October 7, 2024, the minimum area for dividing residential land plots in Hanoi is 50m2.
Accordingly, residential land in wards and towns must ensure that the area for subdivision must not be less than 50m2 with a length of over 4m and the width adjacent to the traffic road must also be from 4m or more if the plot is only divided without forming a new path.
2. Conditions for land in Hanoi to be divided
In addition to ensuring the principles and conditions as prescribed in Article 220 of the 2024 Land Law, land in Hanoi must meet the following conditions:
2.1 Conditions for dividing plots of land with residential land
* Conditions on area
According to Article 13, Clause 1, Article 14 of Decision 61/2024/QD-UBND, the limit for dividing residential land plots for individuals in urban and rural areas in Hanoi is stipulated as follows:
Accordingly, the conditions for length and width are stipulated as follows:
Note: Residential land to be divided must ensure the above area conditions, except in the following cases:
- Project land as prescribed in Points b, c, dd and e, Clause 1, Article 31 of the Housing Law 2023.
- Land in areas with detailed 1/500 scale planning for each plot of land and approved by competent authorities.
- Land with state-owned villas that have been sold or privatelized but are on the list of villas that need to be preserved and renovated has been approved by the City People's Committee.
- Land in a protected area is a relic (implemented according to the provisions of the Law on Cultural Heritage).
2.2 For non-agricultural land (not residential land)
According to Clause 2, Article 14 of Decision 61/2024/QD-UBND, the limit for dividing non-agricultural land plots other than residential land in Hanoi is stipulated as follows:
Note: Non-agricultural land that is not residential land to be divided must ensure the above area conditions, except in the following cases:
- Land is land allocated/leased for investment projects according to the Investment Law, Land Law and Real Estate Business Law.
- Land plots in areas with detailed planning to each approved land plot.
- Land in a protected area is a relic, land used for religious and belief activities (implemented in accordance with the provisions of the Law on Cultural Heritage and other regulations of the City People's Committee).
* In case of non-agricultural land used as a production, business and service site due to support when the State reclaims agricultural land according to Decree No. 17/2006/ND-CP, it must meet the principles and conditions specified in Section 2.1.
2.3 For agricultural land
According to Clause 3, Article 14 of Decision 61/2024/QD-UBND, the limit for dividing agricultural land plots in Hanoi is stipulated as follows:
- In case the land is within the boundary of a residential area: The conditions for the subject of land division must be ensured according to the provisions of Section 2.1.
- In case the land is outside the boundary of a residential area: The land after division must ensure the minimum area for the type of land in use as follows:
Note: Agricultural land to be divided must ensure the above area conditions, except in the following cases:
- Land located in areas with consolidation and exchange of plots according to the Hanoi Party Committee's Program.
- Land in a relic protection area (implemented according to the Law on Cultural Heritage).
* In case of agricultural land division when completing procedures for changing land use purposes, it is mandatory to organize a review of the conditions for performing financial obligations according to the original land plot.
2.4 Land with many other types of land for use
According to Clause 5, Article 14 of Decision 61/2024/QD-UBND, in case there are many types of land with different land use purposes in the same plot of land, the division of the plot must simultaneously meet the conditions of the type of land to be divided in Sections 2.1, 2.2, 2.3.
