What is land division?
To understand the division of land plots, it is necessary to first understand what a land plot is. Clause 42, Article 3 of the 2024 Land Law explains:
A land plot is a part of land area limited by the boundary described in the cadastral records or determined in the field.
Based on the above regulations, it can be understood that land division is the process of dividing land use rights from the person whose name is on the red book to one or more other people.
Accordingly, land division is carried out in cases such as: separating a part of a land plot to donate; separating a part of a land plot to sell, transfer, contribute capital... The process of dividing a land plot must meet all conditions and in accordance with the correct order according to the law.
Can agricultural land be divided into plots?
The current Land Law and related legal documents only stipulate general conditions for dividing land plots without regulations on not allowing the division of agricultural land plots.
Therefore, it can be understood that agricultural land users have the right to carry out land division procedures. However, it is necessary to fully meet the general conditions and specific conditions of each locality.
Pursuant to Article 222 of the 2024 Land Law, to be allowed to separate plots when transferring, donating... the following conditions must be met:
- Have a land use right certificate (some localities are not required to have a pink book or red book, but only need to meet the conditions for granting a red book or pink book).
- The land plot is not in dispute.
- Land use rights are not subject to seizure to ensure enforcement of judgments.
- Land is within the term of use.
- Land plots that meet the conditions on minimum area and adjacent size according to the regulations of the People's Committees of provinces and cities.
Regarding the minimum area for land division, Clause 2, Article 220 of the 2024 Land Law stipulates as follows:
In case of land division, in addition to the principles and conditions specified in Clause 1 of this Article, the following conditions must be ensured:
- 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.
Agricultural land users are allowed to separate plots for sale or donate a part of the plot of land. However, the above general conditions and specific conditions for land division records and minimum land division area in each locality must be met.
