Citizens send questions to the Ministry of Agriculture and Environment with the content:
Citizens request clarification of the provisions at point d, clause 1, Article 220 of the 2024 Land Law on the condition of "ensuring having a path" when separating and merging land plots. Specifically, "path" is understood as a legal traffic road that has been recognized by a competent authority, shown on the cadastral map and has a traffic land type code, or just a path opened by households and individuals themselves, connected to public roads and agreed upon and committed to common use by related households.
In case the family has a rice field plot located between a field and a forest land plot far from public roads, currently having a common walkway opened by households themselves and having a written commitment to use it together; the land plots have been granted Certificates of Land Use Rights, no disputes, no mortgages, and after separation still ensure the minimum area according to regulations. Please ask, in this case, does the separation for children meet the condition of "ensure having a walkway" according to the provisions of the 2024 Land Law?
Answering this content, the Ministry of Agriculture and Environment said:
The application of policies to consider and separate land plots needs to be based on each specific case and needs to be based on dossiers, therefore, the Ministry of Agriculture and Environment does not have a basis for a specific answer. The Ministry of Agriculture and Environment has opinions on principles as follows:
Article 220 of the Land Law has stipulated the principles and conditions for land plot separation. On the other hand, Clause 3, Article 11 of Resolution No. 254/2025/QH15 dated December 11, 2025 of the National Assembly stipulating a number of mechanisms and policies to remove difficulties and obstacles in the organization of the implementation of the Land Law has stipulated:
3. The separation of land plots and land consolidation specified in point d, clause 1, Article 220 of the Land Law must ensure that there is a path connecting to public roads or that the adjacent land user agrees to pass through to connect to public roads. In case the land user allocates a part of the area of the residential land plot or land plot with residential land and other land in the same land plot to make a path, when carrying out the separation of land plots or land consolidation, it is not mandatory to change the land use purpose for the land area to make that path...".
Thus, land plots after separation must ensure that there is a path connecting to public roads or that adjacent land users agree to pass through to connect to public roads (the formation of this path may be through land users voluntarily donating land or borrowing it from neighbors to make common paths).
The Ministry of Agriculture and Environment provides information for citizens to know, to study and learn about specific regulations of localities on conditions and minimum area for land plot separation and land consolidation for each type of land.
