Conditions for residential land to be divided
Residential land when dividing a plot must meet the conditions prescribed in Clause 1, Article 220 of the 2024 Land Law. Accordingly:
The land plot must have documents such as: Certificate of land use rights, Certificate of house ownership rights and land use rights, Certificate of land use rights, house ownership rights and other assets attached to land, Certificate of land use rights, ownership rights of assets attached to land.
The land plot is still valid.
The land is not in dispute.
Land not seized to ensure enforcement of judgments or not subject to temporary emergency measures by competent state agencies.
Separate the land plot to make a red book but must ensure a path; be connected to existing public transport routes; ensure water supply, drainage and other necessary needs in a reasonable manner.
The land plot after division must ensure the minimum area according to the regulations of the provincial People's Committee. If the land plot is smaller than the permitted area, the plot must be merged with the adjacent land plot at the same time.
Minimum area to be separated for new red book
The minimum area granted with a red book is specifically regulated by the Provincial People's Committee in accordance with the area and land fund of each type of land and each locality. The plots of land after division must ensure the minimum area for the type of land in use according to the regulations of the Provincial People's Committee. In case the area of the divided land plot is smaller than the minimum area allowed for division, the plot must be merged with the adjacent land plot at the same time.
For example, in Phu Tho province, according to Decision 16/2024/QD-UBND of Phu Tho province, the minimum area for land division is as follows:
Residential land, the land plot after the separation must have an area of ≥ 50 m2, and the plot must ensure the edge is adjacent to the road and a minimum depth of ≥ 4 m.
Agricultural land: Land for growing annual crops/long-term crops, other agricultural land, aquaculture: ≥ 400 m2.
Rice land, land division area ≥ 600 m2
Production forest land, area of land division ≥ 3,000 m2.
Commercial - service land, in wards/ towns, new plot area ≥ 100 m2 and side size + depth ≥ 4 m.
In the commune, the new land plot area is ≥ 200 m2 and the width + depth is ≥ 6 m.
