Concept of residential land
Residential land is a common name for residential land, belonging to the non-agricultural land group, used to build houses and works serving daily life. On the red book, residential land is marked as ONT (rural land), ODT (urban land).
Conditions for separating red books of residential land
Clause 1, Article 220 of the 2024 Land Law stipulates the principles and conditions for dividing residential land plots as follows:
The land plot has been granted one of the following certificates: 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 within the term of use.
The land is not in dispute, not subject to seizure to ensure enforcement of judgments, and not subject to temporary emergency measures by competent state agencies.
The separation and consolidation of land plots must ensure access; be connected to existing public transport routes; ensure water supply, drainage and other necessary needs in a reasonable manner.
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.
In case of changing the purpose of use of a part of a land plot, the land plot must be separated, the minimum area of the land plot after separation must be equal to or larger 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 land 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 land plot.
In case of dividing land use rights according to a judgment or decision of the Court, if the division does not ensure the conditions, area, and size of the plot separation according to regulations, the plot separation shall not be carried out.
How many square meters of residential land can be separated to make a new red book
Clause 4, Article 220 of the 2024 Land Law clearly states that the Provincial People's Committee stipulates specifically the conditions and minimum area for land division and land consolidation for each type of land.
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.
