Minimum Land Area for Initial Red Book Issuance
According to the Land Law 2024, when applying for the red book for the first time, there is no requirement for the minimum land area, but it must meet the conditions for red book issuance in each of the following cases:
Case 1: Land with documents on land use rights (Article 137 of this Law).
Case 2: Land without documents on land use rights that does not violate land regulations or does not fall under the case of land being allocated in contravention of authority (Article 138 of this Law).
Case 3: Issuance of a Certificate of Land Use Rights for households and individuals using land allocated in contravention of authority (Article 140 of this Law).
Minimum Land Area for New Red Book Issuance due to Plot Division
Article 29 of the Decree 43/2014/NĐ-CP, the minimum land area is the area that the new plot and the remaining plot after plot division must not be less than.
The conditions for plot division include the minimum land area allowed for division and the plot's side length.
Currently, the minimum land area for plot division to issue a new red book will correspond to each type of land, specific conditions of the locality, and be specified by the People's Committee of the province.
In the case of a plot to be divided but does not meet the minimum land area condition, it is still allowed to divide the plot if the smaller area is merged with another plot, specifically:
According to Clause 3 of Article 29 of the Decree 43/2014/NĐ-CP: “In the case where the land user applies to divide the land into plots with an area less than the minimum land area, simultaneously with the application to merge the plot with an adjacent plot to create a new plot with an area equal to or greater than the minimum land area allowed for division, it is allowed to divide the plot simultaneously with the merger and issue a Certificate of Land Use Rights, land ownership, and other property attached to the land for the new plot”.
