1. Latest conditions for land division in 2025
According to Article 220 of the 2024 Land Law, the principles and conditions for dividing land plots are as follows:
(1) The land plot has been granted one of the following certificates:
- Land use right certificate.
- Certificate of house ownership and land use rights.
- Certificate of land use rights, house ownership rights and other assets attached to land.
- Certificate of land use rights, ownership of assets attached to land.
(2) The land plot is still within the land use term.
(3) The land is not in dispute, not seized to ensure enforcement of judgments, and not subject to temporary emergency measures by competent state agencies.
In case the land is in dispute but the scope of the disputed area and boundary can be determined, the remaining uncontested area and boundary of that land plot can be divided.
(4) The separation of land plots must ensure a path; connected to existing public roads; Ensuring water supply, drainage and other necessary needs reasonably. 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 land parcel to make the path, when making the splitting of the land parcel, it is not required to change the land use purpose for the land area to make that path.
(5) The plots of land after division must ensure the minimum area for the type of land in use according to the regulations of the Provincial People's Committee.
In case the area of the divided land plot is smaller than the minimum area allowed for division, the plot must be merged with the adjacent land plot at the same time.
(6) In case of changing the purpose of using a part of the parcel of land, the splitting of the parcel and minimum area of the parcel of land after separating must be equal to or greater than the minimum area of the soil type after changing the purpose of use. For land plots with residential land and other land, it is not required to make a parcel separation when changing the purpose of using a part of the parcel of land, unless the land user needs to separate the parcel.
(7) In case of dividing land use rights according to a judgment or decision of the Court, if the division does not ensure the conditions, area, and size of the plot separation according to regulations, the plot separation shall not be carried out.
2. Latest land division proposal dossier for 2025
According to the procedures for land division issued with Decision 629/QD-BTNMT dated April 3, 2025, the dossier for requesting land division includes:
- Application for land division according to Form No. 01/DK issued with Decree 101/2024/ND-CP regulating basic land investigation; registration, issuance of Certificates of land use rights, ownership of assets attached to land and Land Information System.
- drawings of land division according to Form No. 02/DK issued with Decree 101/2024/ND-CP regulating basic land investigation; registration, issuance of Certificates of land use rights, ownership of assets attached to land and the Land Information System by the Land Registration Office, Branch of the Land Registration Office or by the surveying unit with a License on surveying activities, establishment of cadastral maps.
- The issued Certificate or a copy of the issued Certificate with the original for comparison or a notarized, certified copy.
- Documents of competent authorities showing the content of land division (if any).
