Youme Law Company Limited answers: Previously, according to Clause 1, Article 220 of the 2024 Land Law, No. 31/2024/QH15 stipulating that land plot separation and land consolidation must ensure the following principles and conditions:
- Land plot that has been granted one of the following types of certificates:
Land use right certificate
Certificates of house ownership and residential land use rights
Certificates of land use rights, ownership of houses and other assets attached to land
Certificate of land use rights, ownership of assets attached to land
- Land plots still within the land use term;
- Land without disputes, not distrained to ensure judgment enforcement, not subject to urgent temporary measures of competent state agencies.
- In case the land is in dispute but the scope of disputed area and boundaries is determined, the remaining undisputed area and boundaries of that land plot are allowed to be separated and merged;
- Land plot separation and consolidation must ensure access roads; be connected to existing public roads; ensure water supply, drainage and other necessary needs reasonably. In case the land user reserves a part of the area of the residential land plot or land plot with residential land and other land in the same land plot to make access roads, when carrying out land plot separation or consolidation, there is no need to change the land use purpose for the land area to make that access road.
According to Clause 3, Article 11 of Resolution 254/2025/QH15
- The separation and consolidation of land plots specified in point d, clause 1, Article 220 of the Land Law must ensure that there is a path connecting to public roads or that the land user of adjacent land agrees to pass through to connect to public roads.
- In case the land user allocates a part of the area of the residential land plot or a land plot with residential land and other land in the same land plot to make a walkway, when implementing the separation of land plots or land consolidation, it is not mandatory to change the land use purpose for the land area to make that walkway.
Cases of changing the land use purpose of a part of the land plot
Not mandatory land plot separation.
Merging non-compulsory land plots with the same land use purpose, the same form of payment of land use fees, land rent, and the same land use term.
- In case of land use right division according to the judgment or decision of the Court, but the division does not ensure the conditions, area, and dimensions for land division as prescribed in Article 220 of the Land Law, land division shall not be carried out, except in cases where the judgment or decision of the court takes effect before August 1, 2024.
- In case sufficient valid dossiers have been submitted to carry out procedures for land plot separation and land consolidation before the effective date of this Resolution and have not been resolved, they shall be implemented according to the provisions of this Resolution.
Thus, according to Resolution 254/2025/QH15, the conditions for land plot separation have been expanded, in addition to the case that the land plot must have a path connecting to public roads, the law has added a mechanism to allow land plot separation if there is the consent of adjacent land users to pass through to connect to public roads.
