New regulations on land division from January 1, 2026 that people need to know

Như Hạ |

Resolution 254/2025/QH15 (effective from January 1, 2026) stipulates new points on land division.

Resolution 254/2025/QH15 dated December 11, 2025 stipulates a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law.

According to Clause 3, Article 11 of Resolution 254/2025/QH15, the separation and consolidation of land plots as prescribed in Point d, Clause 1, Article 220 of the Land Law must ensure that there is a path connecting to a public transport road or that the adjacent land user agrees to allow it to pass to connect to a public transport road.

In case the land user reserves a part of the area of a residential land plot or a land plot with residential land and other land in the same land plot for a path, when implementing the division or consolidation of a land plot, it is not mandatory to change the land use purpose for the land area for that path.

According to current regulations at point d, clause 1, Article 220 of the 2024 Land Law:

d) The separation and consolidation of land plots must ensure access; be connected to existing public transport routes; ensure water supply, drainage and other necessary needs in a reasonable manner. In case the land user reserves a part of the area of a residential land plot or a land plot with residential land and other land in the same land plot for a walkway, when implementing the division or merger of land plots, it is not necessary to change the land use purpose for the land area for that walkway.

Thus, according to the new regulations, the conditions for land division have been expanded, in addition to the case where the land plot must have a path connecting to a public transport road, the law has added a mechanism to allow land division if there is the consent of the adjacent land user to allow it to pass to connect to a public transport road.

In case of changing the purpose of use of a part of the land plot, it is not mandatory to separate the land plot. The merger of land plots is not mandatory for the same land use purpose, same form of land use fee payment, land rent, same land use term.

In case of division of land use rights according to a court's judgment or decision but the division does not ensure the conditions, area, and size of the plot separation as prescribed in Article 220 of the Land Law, the plot separation shall not be carried out, except in cases where the court's judgment or decision takes effect before August 1, 2024.

In case the valid documents have been submitted to carry out the procedures for land division and land consolidation before the effective date of the Resolution but have not been resolved, the procedures for implementing the procedures for land division and land consolidation shall comply with the provisions of this Resolution.

Như Hạ
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