In Clause 3, Article 14 of Decision 61/2024/QD-UBND stipulates the conditions for separating plots for agricultural land plots as follows:
People are separated to ensure the conditions prescribed below except for two cases: The land parcel is within the boundaries of the area of land and land consistent according to the program of the Hanoi Party Committee; The parcel of land in the relic protection area shall comply with the provisions of the Cultural Heritage Law.
The separation of plots for agricultural land plots must meet the principles and conditions prescribed in Article 220 of the Land Law 2024 and the following conditions:
- In case the land parcel is located within the boundary of the residential area, it is necessary to ensure the conditions for separating the parcel of residential land plot (the entire area of the land parcel is residential land).
- If the parcel of land is outside the boundary of the residential area, the land parcel after splitting the parcel must ensure the minimum area of the land used as follows:
+ In case the agricultural land parcel is divided when carrying out the procedures for changing the land use purpose in accordance with the land law, it is necessary to organize the approval of conditions for fulfilling the financial obligations under the original land plot (the original land parcel).
+ In case the land user devotes a part of the area of the land plot or land plot with residential land and other land in the same land parcel to make a walkway, the splitting of the parcel of land must ensure the following conditions:
Meet the principles and conditions in accordance with Article 220 of the Land Law.
The path formed must have a cross -section width of 3.5m or more for wards and towns and 4m or more for the remaining communes.
The newly formed land plot (excluding the path area) must ensure the conditions of the land separating in that parcel.
In case in the same land parcel, there are many types of land with different land use purposes, the separation of the parcel of land must meet the conditions of the land separating land.
The separation of land plots and a land parcel must ensure the principles and conditions prescribed in Article 220 of the Land Law.
Decision 61/2024/QD-UBND takes effect from 7.10.2024.
