A case reflecting problems related to land plot separation when the dossier was not resolved because it was not determined to be in accordance with local planning. People said that the land plot meets the conditions on area, is not disputed and ensures infrastructure, but the dossier was still returned.
According to the reflection, the land area belongs to the existing residential area planning according to the approved general plan. However, the commune-level People's Committee believes that the area is in the process of developing a new plan, so there are not enough grounds to resolve land separation procedures.
Regarding this content, the Ministry of Agriculture and Environment said that this is a specific case under the jurisdiction of the locality, so the central agency does not have a basis to answer each case in detail.
However, in general principle, the Ministry cited the provisions of Clause 4, Article 220 of the Land Law. Accordingly, the Provincial People's Committee shall base on legal regulations and actual conditions in the locality to specifically stipulate the conditions and minimum area for plot separation for each type of land.
According to this regulation, land plot separation does not apply a common level nationwide but depends on the regulations of each province and city. Specific conditions such as minimum area, technical infrastructure, planning... will be issued by the Provincial People's Committee.
In practice, to be separated, land plots must meet requirements such as no disputes, in accordance with planning, ensuring infrastructure conditions and minimum area according to local regulations.
The Ministry of Agriculture and Environment recommends that when people have a need to separate plots, they should contact the local land registration and management agency to check dossiers, determine specific conditions and guide implementation in accordance with legal regulations.
According to current regulations, land plot separation is only considered when it fully meets the conditions issued by the Provincial People's Committee based on the Land Law and related regulations.
