Based on the provisions of Clauses 1 and 2, Article 220 of the 2024 Land Law on conditions for separating residential land plots as follows:
- The land plot has been granted one of the following types of certificates: Certificate of land use rights, Certificate of house ownership and residential land use rights, Certificate of land use rights, house ownership and other assets attached to land, Certificate of land use rights, ownership of assets attached to land;
- Land plots still within the land use term;
- Land is not disputed, not distrained to ensure judgment enforcement, not subject to temporary emergency measures of competent state agencies.
In case the land is disputed but the scope of disputed area and boundaries can be determined, the remaining disputed area and boundaries of that land plot are allowed to be divided into land plots;
- Land plot separation must ensure a walkway; being connected to existing public transport roads; ensuring reasonable water supply, drainage and other necessary needs. In case the land user reserves a part of the area of the residential land plot or land plot with residential land and other land in the same land plot to make a walkway, when carrying out land plot separation or land plot consolidation, it is not necessary to change the land use purpose for that land area to make a walkway.
- Land plots after subdivision must ensure the minimum area with the type of land being used according to the regulations of the Provincial People's Committee;
- In case of changing the purpose of use of a part of a land plot, land plot separation is carried out, the minimum area of the land plot after separation must be equal to or greater than the minimum area of the type of land after changing the purpose of use. For land plots with residential land and other land, land plot separation is not mandatory when changing the purpose of use of a part of a land plot, except in cases where land users have a need to separate land plots;
- In case of land use right division according to the judgment or decision of the Court, if the division does not ensure the conditions, area, and size of land plot separation as prescribed, land plot separation shall not be carried out.
At the same time, based on the provisions of Clause 3, Article 11 of Resolution 254/2025/QH15 (effective from January 1, 2026):
The separation of land plots specified in point d, clause 1, Article 220 of the 2024 Land Law must ensure that there is a walkway connected to public roads or agreed by adjacent land users to pass through to connect to public roads.
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 to make a walkway, when carrying out land plot separation, it is not mandatory to carry out land use purpose conversion for the land area to make that walkway.
In case of changing the land use purpose of a part of the land plot, land separation is not mandatory.
In case the division of land use rights is according to a judgment or decision of the Court and the division does not ensure the conditions, area, and size of land plot separation as prescribed in Article 220 of the 2024 Land Law, land plot separation shall not be carried out, except in cases where the judgment or decision of the Court takes effect before August 1, 2024.
In case complete and valid dossiers have been submitted to carry out land plot separation procedures before Resolution 254/2025/QH15 takes effect but have not been resolved, it shall be implemented according to the provisions of Resolution 254/2025/QH15.
Thus, in addition to the conditions for separating residential land plots specified in the 2024 Land Law, it is necessary to apply the conditions for separating residential land plots according to Resolution 254/2025/QH15.
In addition to the case where the land plot must have a walkway connected to public transport, the law has added a mechanism to allow land plot separation if there is consent from adjacent land users to pass through to connect to public transport.
Provincial People's Committees shall base on the above regulations to implement the separation of residential land plots, other relevant legal regulations and local customs and habits to specifically stipulate the conditions and minimum area for land plot separation and land consolidation for each type of land.
