According to Clauses 1 and 2, Article 220 of the 2024 Land Law, the division of land plots must ensure the following principles and conditions:
- The land plot has been granted one of the following certificates: Certificate of land use rights, Certificate of house ownership rights and land use rights, Certificate of land use rights, house ownership rights and other assets attached to land, Certificate of land use rights, ownership rights of assets attached to land;
- Land plot is still within land use term;
- The land is not in dispute, not seized to ensure enforcement of judgments, and not subject to temporary emergency measures by competent state agencies.
In case the land is in dispute but the scope of the disputed area and boundary can be determined, the remaining uncontested area and boundary of that land plot may be divided;
- The division of a land plot must ensure a path; be connected to an existing public transport road; 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 path, when dividing the land plot, it is not necessary to change the land use purpose for the land area for that path.
- The plots of land after division must ensure the minimum area for the type of land in use according to the regulations of the Provincial People's Committee;
In case the area of the divided land plot is smaller than the minimum area allowed for division, the plot must be merged with the adjacent land plot at the same time;
- In case of changing the purpose of use of a part of a land plot, the land plot must be separated, the minimum area of the land plot after separation must be equal to or larger than the minimum area of the land type after changing the purpose of use. For land plots with residential land and other land, it is not mandatory to separate the land plot when changing the purpose of use of a part of the land plot, except in cases where the land user has a need to separate the land plot;
- In case of dividing land use rights according to a judgment or decision of the Court, if the division does not ensure the conditions, area, and size of the plot separation according to regulations, the plot separation shall not be carried out.
Thus, according to the above provisions, for land plots with residential land and other land, it is not mandatory to separate the plot when changing the purpose of use of a part of the land plot, except in cases where the land user has a need to separate the plot.
