Conditions for dividing agricultural land plots
Article 222 of the 2024 Land Law stipulates the conditions for dividing agricultural land plots as follows:
Agricultural land divided into plots must have a red book.
The agricultural land plot is not in dispute; not seized to ensure enforcement of judgments.
The agricultural land plot still has a term of use.
The agricultural land plot meets the conditions on minimum area and size for subdivision.
Minimum area when dividing agricultural land plots
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.
Thus, when completing the procedures for separating agricultural red books, people need to clearly understand the regulations on the minimum area allowed for land division in the locality.
For example, in Hanoi, the minimum area for separating agricultural land plots is clearly regulated in Clause 3, Article 14 of Decision 61/2024. In which, if the land plot is outside the boundary of a residential area, the area for separating the red book for growing annual crops is 300 m2; land for growing perennial crops, other agricultural land, the minimum area is 500 m2...
When the area of agricultural land is not enough to divide the plot, how should it be handled?
In case the land user is not eligible for separating the red book of agricultural land due to not ensuring the minimum area, the plot is allowed to be separated at the same time as the merger of the adjacent land plot, and the red book of land use rights is granted for the new land plot. This is clearly stipulated in Point a, Clause 2, Article 220 of the 2024 Land Law.
Cost of dividing agricultural land plots
The expenses that people must pay when separating the red book of agricultural land include:
Measurement fee: This is the largest fee when dividing a plot to measure, drawing and determining the boundary of a new plot of land. This fee is collected by the unit, ranging from 1.8 - 2.5 million VND.
Fee for issuing new red books: This amount is regulated by each province, under 100,000 VND/issuance.
Registration fee: 0.5% × (Very of area × contract price).
file appraisal fee: This fee is also regulated separately by each province.
Personal income tax: If the plot is divided with a transfer, the transferor must pay personal income tax, land tax, etc.
