Based on Article 9 of the 2024 Land Law:
Article 9. Land classification
1. Based on the purpose of use, land is classified including agricultural land groups, non-agricultural land groups, and unused land groups.
2. The group of agricultural land includes the following types of land:
a) Annual crop land, including rice land and other annual crop land;
b) Land for perennial crops;
c) Forestry land, including special-use forest land, protection forest land, production forest land;
d) Aquaculture land;
e) Centralized livestock land;
e) Soil;
g) Other agricultural land.
Based on Clause 1, Article 4 of Decree 102/2024/ND-CP, annual crop land is land for planting crops that are sown, harvested and terminate the production cycle for a period of no more than one year, including annual crops that are rooted.
Thus, annual crop land is land for planting crops that are sown, harvested, and terminate the production cycle in no more than one year, including annual crops that are rooted. And annual crop land includes rice land and other annual crop land.
However, compared with the regulations on conditions for land plot separation according to Article 220 of the 2024 Land Law, the current regulations do not have any regulations prohibiting the separation of land plots for annual crops. Therefore, land users can carry out procedures for the separation of land plots for annual crops if they fully meet the conditions for land plot separation according to legal regulations.
Based on Clauses 1 and 2, Article 220 of the 2024 Land Law stipulating that land plot separation must ensure meeting the following principles and conditions:
Article 220. Land plot separation, land plot consolidation
1. The separation and consolidation of land plots must ensure the following principles and conditions:
a) 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;
b) The land plot is still within the land use term;
c) 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 and merged;
d) The separation of land plots and land consolidation must ensure a walkway; be connected to existing public transport roads; ensure 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 the separation of land plots or land consolidation, it is not necessary to change the land use purpose for the land area to make that walkway.
2. In case of land plot separation, in addition to the principles and conditions specified in Clause 1 of this Article, the following conditions must also be ensured:
a) 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 the separated land plot has an area smaller than the minimum area allowed for land plot separation, the consolidation of land plots with adjacent land plots must be carried out simultaneously;
b) 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;
c) 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, the Provincial People's Committee shall base on the provisions of Clauses 1 and 2, Article 220 of the 2024 Land Law and other relevant legal regulations and customs and habits in the locality to specifically stipulate the conditions and minimum area for land plot separation for each type of land.
