Conditions for dividing plots of land from residential land
Conditions on area:
According to Article 13, Clause 1, Article 14 of Decision 61/2024/QD-UBND, the limit for land division for individuals in urban and rural areas in Hanoi is divided into areas with specific minimum and maximum areas.
In wards and towns, the minimum area for land division is 50m2 and the maximum is 90m2.
In communes in the plains, the minimum area is 80m2 and the maximum is 180m2.
For communes in the midland area, the minimum is 120m2 and the maximum is 240m2.
In mountainous communes, the land plot after division must have an area of 150m2 to no more than 300m2.
In addition to regulations on area, the land plot formed after separation must also have a minimum frontage width and depth of 3m or more, have a legal path and be in accordance with the construction and land use planning approved by competent authorities.
Conditions on length and width:
In wards, townships and land plots after separation must have a length of at least 4m, the edge width is adjacent to the existing public roads or the path formed when separating the minimum plot is 4m, and the area of land outside the red line must reach 50m2 or more.
For communes in the plains, the minimum length of the land plot is also 4m, but the width of the adjacent road edge must be 5m or more and the minimum land area outside the red line limit is 80m2.
In midland communes, the requirements for length do not change (≥ 4m), minimum road width is 5m, and the land area outside the red line limit must be from 100m2 or more.
In mountainous communes, the minimum length of the land plot is 4m, the width of the road adjacent to it is from 6m or more, and the land area outside the red line cannot be less than 150m2.
Residential land to be divided must ensure the above area conditions, except in the following cases:
- Project land as prescribed in Points b, c, dd and e, Clause 1, Article 31 of the Housing Law 2023.
- Land in areas with detailed 1/500 scale planning for each plot of land and approved by competent authorities.
- Land with state-owned villas that have been sold or privatelized but are on the list of villas that need to be preserved and renovated has been approved by the City People's Committee.
- Land in a protected area is a relic (implemented according to the provisions of the Law on Cultural Heritage).
Regulations on separating agricultural land plots
According to Clause 3, Article 14 of Decision 61/2024/QD-UBND, the limit for dividing agricultural land plots in Hanoi is regulated depending on the location of the land plot within or outside residential areas.
- In case the land is within the boundary of a residential area: It is necessary to ensure the conditions for the subject of land division according to regulations as for residential land, including the minimum area, length, width and access to traffic routes according to regulations.
- In case the land is outside the boundary of a residential area: The land after division must ensure the minimum area for the type of land in use as follows:
For land for annual crop cultivation, the minimum area is 300m2 in wards and towns; 500m2 in communes.
Land for growing perennial crops and other agricultural land with a minimum area of 500m2 in wards and towns and 1,000m2 in communes respectively.
For aquaculture land, the required area is similar to 500m2 in wards and towns and 1,000m2 in communes.
For production forest land alone, the minimum area must reach 5,000m2 for both areas.
Agricultural land to be divided must ensure the above area conditions, except in the following cases:
- Land located in areas with consolidation and exchange of plots according to the Hanoi Party Committee's Program.
- Land in a relic protection area (implemented according to the Law on Cultural Heritage)
In case of agricultural land division when completing procedures for changing land use purposes, it is mandatory to organize a review of the conditions for fulfilling financial obligations according to the original land plot.
