New regulations on the area for separating agricultural land plots

Minimum area for separating agricultural land plots

According to the provisions of Clause 31, Article 2 of Decree 01/2017/ND-CP, the People's Committees (UBND) at the provincial level stipulate the minimum area allowed for land division for each type of land to suit the specific conditions of the locality.

For example, in Hanoi, Decision 61/2024/QD-UBND on the minimum area for agricultural land division:

In Ho Chi Minh City, the area for agricultural land division is regulated in Decision No. 60/2017/QD-UBND as follows:

- Land plots in planning areas, for agricultural production: are allowed to separate newly formed plots and land plots and the remaining plots must ensure a minimum area of 500m2 for annual crop land and other agricultural land.

- For perennial land, aquaculture land, and salt production land is 1,000m2.

dossier for agricultural land division

According to Circular 24/2014/TT-BTNMT, the dossier for separating agricultural land plots includes:

+ Application for land division or land consolidation according to the form.

+ Red book, pink book or one of the following documents; on land use rights as prescribed in the 2024 Land Law (if any).

+ Documents on division of land plots, documents on division of land use rights, assets attached to land, general of households or groups of land users, co-owners of assets attached to land.

+ Technical diagram of the land plot (if required).

+ Contracts for transfer or donation of land use rights notarized or certified; in case of division of land due to transfer or donation.

Latest procedures for dividing agricultural land plots

Step 1: Submit application for agricultural land division

Land users submit the application for land division to the Department of Natural Resources and Environment; or to the Department of Natural Resources and Environment.

Step 2: Receive documents

The application for agricultural land division will be sent to the Land Use Rights Registration Office to prepare cadastral records if valid; in case there are not enough documents, the competent authority will guide the land user to supplement.

Step 3: Resolve and return the results

Within 10 days from the date of validity of the dossier, the Land Use Rights Registration Office is responsible for making cadastral map extracts, or cadastral measurements for places without cadastral maps, extracting cadastral records and sending them to the same-level natural resources and environment agency.

After receiving an extract of a cadastral map and an extract of a cadastral records, the Department of Natural Resources and Environment is responsible for revoking the issued land use right certificate or one of the types of documents on land use rights specified in Clauses 1, 2 and 5, Article 100 of the Land Law and submitting it to the People's Committee of the same level for consideration and signing the land use right certificate for the new land plot.

The Department of Natural Resources and Environment will revoke the issued certificate and sign the certificate for the new land plot in case of authorization or submit to the People's Committee of the same level for consideration and signing the land use right certificate.

Within no more than 7 working days from the date of receipt of the submission to the People's Committee of competent authority for consideration, signing and sending to the natural resources and environment agency under the land use right certificate for the new land plot.

Within no more than 5 working days from the date the certificate is signed; the natural resources and environment agency is responsible for issuing the original land use right certificate for the new land plot.