1. Not meeting the minimum area requirements
The minimum area is the area that the newly formed land plot and the remaining land plot after division must not be smaller (including the case of merging the plot with the adjacent land plot).
The first condition to be eligible for land division is to meet the minimum area and size requirements as prescribed by the Provincial People's Committee (province, centrally-run city). This condition applies to all provinces and all types of land.
2. Land in provinces and cities temporarily suspending plot division procedures
Some provinces and cities have now issued official dispatches directing the temporary suspension of receiving and processing land division procedures.
Note:
- Only temporarily suspend receiving and handling procedures for dividing agricultural land plots. This suspension does not apply to residential land plots.
- The suspension of land division procedures is a temporary measure to help prevent land fever, not prohibiting land division for a long time (Land Law 2024 and detailed regulations do not prohibit land division for agricultural land).
3. Land without red book or pink book
In principle, land without a Certificate (red book, pink book) will not be eligible for land division. According to the provisions of Clause 1, Article 45 of the 2024 Land Law, when transferring land use rights, there must be a red book, pink book, except in cases of inheritance of land use rights, conversion of agricultural land when consolidating land, exchanging plots, donating land use rights to the State, residential communities and cases specified in Clause 7, Article 124 and Point a, Clause 4, Article 127 of the 2024 Land Law.
4. Land in dispute, expired
- Disputed land: In the decision on conditions for land division of the People's Committee of some provinces and cities, it is clearly stipulated that land without disputes can be divided. Meanwhile, many provinces and cities do not clearly stipulate this condition.
- Land with expired usage period: When the land is no longer in usage period (land use period has expired), the land user is not allowed to exercise the rights of transfer, donation, mortgage, etc. This means that if you want to separate the plot, the land must still have a usage period.
5. Land use rights are being seized
When land use rights are seized to ensure enforcement of judgments, not only the right to separate plots but also other rights such as transfer, donation, and mortgage cannot be exercised (according to Clause 1, Article 45 of the 2024 Land Law).
6. Not in accordance with land use planning
Clause 1, Article 5 of the 2024 Land Law stipulates that one of the principles of land use is to use the land for the right purpose. This principle is also clearly stipulated by provinces and cities in the decision on the conditions for land division.
7. Land has been announced for revocation
Clause 1, Article 85 of the 2024 Land Law stipulates that before issuing a decision to recover land, the competent state agency must send a written notice of land recovery to the person whose land is recovered, the owner of the property attached to the land, and the person with related rights and obligations (if any) to know:
- No later than 90 days for agricultural land.
- No later than 180 days for non-agricultural land.
The content of the land recovery notice includes: reason for land recovery; area and location of the recovered land; progress of land recovery; investigation, survey, measurement and inventory plan; plan to relocate people from the land recovery area; compensation, support and resettlement plan.
