Youme Law Firm LLC replied: Article 222 of the 2024 Land Law, the division of agricultural land plots must meet the following conditions:
Agricultural land for subdivision must have a Certificate of Land Use Rights or meet the conditions for being granted a Certificate;
The agricultural land plot is not in dispute; not seized to ensure enforcement of judgments;
Agricultural land with a term of use;
The agricultural land plot meets the conditions on minimum area and size for subdivision.
The condition on minimum area is one of the important conditions when dividing a land plot, however, this is the condition most likely to violate.
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;
Accordingly, the minimum area allowed for land division for agricultural land will be regulated by the Provincial People's Committee and in accordance with the specific conditions of each locality.
This means that the law will not stipulate the general minimum area for land division, but each locality will base on the land fund and land use planning in their locality to stipulate their own minimum area for land division.
For example, in Binh Duong province, according to Article 3 of Decision 25/2017 of the Provincial People's Committee, the minimum area for land division for ward-level administrative units is 300m2; town is 500m2, commune is 1,000m2.
When completing the procedures for dividing agricultural land plots, people need to carefully check the regulations on the minimum area allowed for dividing agricultural land in their locality and compare with the area of the land plot they plan to separate to see if it meets the requirements.
In cases where land users are not eligible for agricultural land division due to failure to ensure conditions on the minimum area for land division, it is quite common.
However, Point a, Clause 2, Article 220 of the 2024 Land Law stipulates: "In case the divided land plot has an area smaller than the minimum area allowed for division, the plot must be merged with the adjacent land plot at the same time".
According to the above provisions, if the land users apply for separation of land plots and the land parcel is formed from the separation of the parcel does not guarantee the minimum land parcel area, it is allowed to separate the parcel simultaneously with the land parcel (buying a part of the land parcel next to it) and is granted a land use right certificate for the new land parcel.
