Separating residential land must meet legal conditions
To divide residential land into many plots, people must ensure the following conditions according to Article 220 of the 2024 Land Law:
The land plot must have a red book.
The land plot is still valid.
The land plot is not in dispute, not subject to seizure or temporary emergency measures.
In case the land plot is in dispute but the uncontested area is determined, this area will still be considered for division.
The separation of plots must also meet the requirements of access routes, connecting traffic infrastructure, ensuring water supply and drainage and other essential needs. The area of the plots after separation must meet the minimum level prescribed by the Provincial People's Committee.
Documents and procedures for dividing residential land plots
The land division dossier includes: Application form, land division drawing according to the form issued with Decree 101/2024/ND-CP by the Land Registration Office (LURC) or the measurement unit with permission; certificate or certification copy and related documents (if any).
People submit their application at the One-stop Department, VPDKDD or VPDKDD Branch, or submit online at the National Public Service Portal. The receiving agency will issue an appointment letter and transfer the dossier according to regulations.
Within 3 working days, if the dossier is not qualified or the certificate is lacking or the diagram is incorrect, it will be returned with a notice of reason. If eligible, within 5 days of the land use right certificate of eligible land division and complete the confirmation on the application and drawings.
After the land user is granted a new certificate, the Land Registration Office will update the land records and issue red books for the plots after separation.
