Citizens send questions to the Ministry of Agriculture and Environment with the content:
I am a legal land user, currently I have a need to separate the land plot to divide it among family members. However, when submitting the application, the local specialized agency requested my family to donate a part of the land area to build a traffic road (common walkway) to resolve the land division procedures.
According to the provisions of Article 220 of the 2024 Land Law, land plot separation only requires that the land plot after separation has a walkway and is connected to existing public roads, there is no regulation requiring land users to donate land to build public roads. The Law also clearly stipulates: in cases where land users allocate a part of residential land area to make walkways, they are not required to change the land use purpose for that part of the area.
However, in reality, the locality requires households to donate land to the State to form public roads before accepting land separation, causing concerns about legal basis and how to apply the law.
Therefore, it is respectfully requested that the Ministry of Agriculture and Environment consider and clearly guide:
Is it consistent with current legal regulations to require people to donate land to form public roads as a condition for resolving land division?
In case the land user voluntarily leaves a part of the area as a common walkway after plot separation, how is this part of the area managed and shown in the cadastral records?
Land users who do not donate land to the State but still ensure internal common walkways for land plots with land users are considered to meet the conditions for land separation according to the provisions of the 2024 Land Law or not.
It is proposed to specifically guide the order, procedures, and dossiers in case of land plot separation with internal common paths without transferring land use rights to the State.
Answering this content, the Ministry of Agriculture and Environment said:
Article 220 of the Land Law has stipulated the conditions for land plot separation. At the same time, Clause 3, Article 11 of Resolution No. 254/2025/QH15 dated December 11, 2025 of the National Assembly stipulates a number of mechanisms and policies to remove difficulties and obstacles in the organization of the implementation of the Land Law, stipulating:
“3. The separation of land plots and land consolidation 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 adjacent land user 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 land plot with residential land and other land in the same land plot to make a path, when carrying out 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 path...”.
Thus, land law does not require land users to donate land to build roads, but land plot separation must ensure that there is a path connecting to the road (possibly from land donation or being allowed to pass by adjacent land users).
The Government has fully regulated the components of dossiers submitted, order, and procedures for implementation in Decree No. 101/2024/ND-CP dated July 29, 2024 and Decree No. 151/2025/ND-CP dated June 12, 2025. At the same time, the Minister of Agriculture and Environment has issued Decisions No. 2304/QD-BNNMT dated June 23, 2024, No. 3380/QD-BNNMT dated August 25, 2025 announcing administrative procedures in the land sector within the scope of state management functions of the Ministry of Agriculture and Environment, accordingly, specific land procedures have been stipulated.
The Ministry of Agriculture and Environment informs citizens to know and study implementation. In the process of carrying out administrative procedures on land, in case citizens do not agree with the results of administrative procedure resolution of competent authorities in the locality, you have the right to complain and sue administrative decisions and administrative acts on land management according to the provisions of Article 237 of the Land Law and Article 7 of the 2011 Law on Complaints.
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