On the Government Electronic Information Portal, citizens ask:
Mr. P.Q. L's family (Bac Ninh) has a land plot with an area of 695.9 m2; including 150 m2 of residential land; 545.9 m2 of perennial crop land. Now the family wants to split it into 2 plots to divide for their children.
Mr. L's family's land plot meets the criteria for area and road to separate plots according to local regulations. When he came to carry out procedures at the branch of the inter-ward and commune land registration office, he was told that it could not be separated because the land plot is located in the Detailed Construction Plan of the Market Commercial and Service Urban Area, scale 1/500 approved in Decision No. 2019a/QD-UBND dated November 3, 2021 of the District People's Committee (old).
Currently, the project has no recovery decision, recovery notice, no road boundary markers, no implementation.
Mr. L asked, the branch of the inter-ward and commune land registration office replied that citizens cannot separate land plots because they are entangled in 1/500 planning, is that correct? If the family wants to separate land plots in this case, who should they meet to resolve it?
The Ministry of Agriculture and Environment answers this question as follows:
The content of his reflection is a specific case and needs to be based on archived records, specific regulations of localities issued under their authority to consider and resolve; therefore, the Ministry of Agriculture and Environment does not have enough information and basis to answer specifically. The Ministry would like to state some principles as follows:
Article 220 of the Land Law stipulates the separation and consolidation of land plots; accordingly, land plot separation must meet the conditions prescribed by the Law and the specific conditions issued by the Provincial People's Committee according to the authority specified in Clause 4 of this Article.
Currently, according to the provisions of Article 15 of Decree No. 49/2026/ND-CP, the Government has assigned provincial-level People's Committees to regulate the order and administrative procedures for land to organize implementation in localities, including the order and procedures for land separation and land consolidation. Therefore, the Ministry of Agriculture and Environment requests you to send reflections and recommendations to the Land Registration Office, Department of Agriculture and Environment where the land is located for consideration and response according to their authority based on specific dossiers.
The Ministry of Agriculture and Environment informed him and researched the implementation.
