Based on Article 4 of the Regulation issued together with Decision 192/2025/QD-UBND, there are specific regulations on the conditions and area for land separation of all types of land in Ninh Binh as follows:
1. Conditions for land plot separation
Land plot separation must ensure the following conditions:
- Ensuring compliance with the provisions of Clauses 1, 2, Article 220 of the Land Law;
- Land plots without land recovery decisions or land recovery notices or the area of land proposed for land separation must be outside the scope of land recovery boundaries in cases where the State recovers a part of the land plot.
- Land users do not violate in the process of using land for the land plot requested for land separation, except in cases where there are violations but are requested by competent authorities to carry out land registration procedures to remedy consequences according to regulations.
- Do not cut through the main house construction.
- Land plots not belonging to areas with detailed 1/500 planning that have been approved and approved by competent authorities according to the provisions of the law on construction (except in cases where the planning adjustment is approved by competent authorities).
- When separating land plots, it must be ensured that there is a walkway, in case the land user reserves a part of the area of the residential land plot or the land plot with residential land and other land in the same plot to make a walkway, it must be ensured that the walkway has a minimum width of ≥ 2 m; when carrying out land plot separation, there is no need to change the land use purpose for the area to make that walkway and it is agreed upon when carrying out land plot separation procedures. The Land Registration Office updates and adjusts to the cadastral record system according to regulations.
2. Minimum area and size for land plot separation
Land plots formed after land division must ensure the following conditions:
a) Residential land
- Residential land in urban areas (wards): Area of the land plot after land separation ≥ 40m2; width, depth ≥ 3.5m.
- Residential land in rural areas (communes): Area of land plots after land separation ≥ 60m2; width, depth ≥ 4.0m.
b) In case of residential land and agricultural land in the same land plot, land separation must ensure the following conditions:
- In case of separating a part of residential land and agricultural land in the same land plot: The residential land part that is separated and the remaining residential land part must ensure the area and size specified in point a, clause 2 of this Article; agricultural land separated according to residential land does not specify the minimum area.
- In case of separation into residential land plots and agricultural land plots: Residential land plots and agricultural land plots formed after land plot separation must ensure the area and size specified in point a, clause 2 of this Article.
- In case of separating a part of the area (with an area and size smaller than the area and minimum size specified in Clause 2 of this Article) of a residential land plot or a plot with residential land and agricultural land, it must be done simultaneously with the combination with the adjacent land plot that has been granted a Certificate of Land Use Rights, and the remaining land plot after being separated must ensure the provisions of Point a, Clause 2 of this Article.
c) Agricultural land
- Annual crop land, perennial crop land, aquaculture land in existing residential areas: The area and size of the land plot after separation must ensure the provisions of point a, clause 2 of this Article.
- Annual crop land, perennial crop land, aquaculture land, other agricultural land outside existing residential areas: The area of the land plot after separation is ≥ 180m2; width and depth dimensions ≥ 5m.
- Rice land after plot separation must ensure ≥ 360m2; width and depth dimensions: ≥ 10m.
- Forest land, the area of the land plot after separation is no less than 720m2, width greater than or equal to 10m.
d) Non-agricultural land is not residential land
Implemented according to the plan, the investment project is approved or approved by a competent State agency.
