Pursuant to Article 220 of the 2024 Land Law, the principles and conditions for land division are as follows:
(1) The land plot 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.
(2) The land plot is still within the land use term.
(3) The land is not in dispute, not seized to ensure execution of judgment, and not subject to temporary emergency measures by competent state agencies.
In case of disputed land but the disputed area and boundary can be determined, the remaining undisputed area and boundary of that land plot is allowed to be divided.
(4) The division of a land plot must ensure that there is a path; be connected to an existing public transport route; ensure water supply, drainage and other necessary needs in a reasonable manner. In case the land user reserves a part of the area of a residential land plot or a land plot with residential land and other land in the same land plot for a path, when dividing the land plot, it is not necessary to change the land use purpose for the land area used for that path.
(5) The land plots after separation must ensure the minimum area with the type of land in use according to the regulations of the Provincial People's Committee.
In case the area of the land plot to be separated is smaller than the minimum area allowed for separation, the land plot must be merged with the adjacent land plot at the same time.
(6) In case of changing the purpose of use of a part of a land plot, the plot must be divided, the minimum area of the land plot after division 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 divide 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 divide the plot.
(7) In case of division of land use rights according to a court judgment or decision, if the division does not ensure the conditions, area, and size of the plot separation according to regulations, the plot separation shall not be performed.
Thus, according to regulations, land not adjacent to the road is not one of the principles and conditions for land division. Therefore, land not adjacent to the road is still allowed to be divided if it fully meets the above conditions.
