1. What is resettlement land?
Currently, there is no document regulating land for resettlement and this term is still unfamiliar to many people. However, it can be understood that land for resettlement is a form of resettlement land and is mainly used for housing. This land is often found in urban areas with high population density.
Land for resettlement is usually granted to people by competent authorities in the following cases:
- Households with many members that do not have enough accommodation and do not have the conditions to buy land or buy a house.
- Households in difficult circumstances.
- Households using land subject to planning, clearance...
2. Can land for resettlement be divided into plots?
In essence, land for resettlement is still residential land, so it is still allowed to be divided when ensuring the same conditions as for residential land.
Currently, according to Article 220 of the 2024 Land Law, there are 8 general principles and conditions that must be ensured when dividing plots, including:
- The land plot in need of division or consolidation has been granted one of the following types of certificates:
+ Land use rights certificate.
+ Certificate of house ownership and land use rights.
+ Certificate of land use rights, house ownership rights and other assets attached to land
+ Certificate of land use rights and ownership of assets attached to land.
- Land is still in use.
- The land is not subject to dispute or seizure to ensure execution of judgment, and is not subject to temporary emergency measures by competent authorities.
In case the land is in dispute but the area and boundary of the dispute can be determined, the remaining part of that land plot is still allowed to be divided or merged.
- Ensure that there is access to existing public transport. At the same time, water supply and drainage and other necessary needs must be ensured in a reasonable manner.
In case of reserving a part of the area of a land plot or a land plot with residential land and other land in the same land plot for a walkway, when separating or merging land plots, it is not necessary to change the land use purpose for the area used for that walkway.
* Some other conditions:
- After the land is divided, it must ensure the minimum area for that type of land according to the regulations of the Provincial People's Committee. In case the divided land has a smaller area than the regulation, it must be merged with the adjacent land at the same time.
- In case of changing the purpose of use of a part of the land plot: The minimum area of the land after separation must be equal to or greater 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 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 plot.
- In case land use rights are divided according to a court judgment or decision, but the division does not ensure the conditions, area, and plot separation according to regulations, plot separation is not allowed.
In addition, specific regulations on conditions and minimum areas for land division and consolidation for each type of land will be based on the following factors by the Provincial People's Committee:
- All principles and conditions as stated above.
- Other relevant legal regulations.
- Local customs and practices.
