Principles of land division according to the 2024 Land Law
Pursuant to Clause 1, Article 220 of the 2024 Land Law, land division and consolidation must ensure the following principles and conditions:
- The land plot has been granted one of the following types of certificates: Certificate of land use rights, Certificate of house ownership and land use rights, Certificate of land use rights, house ownership and other assets attached to land, Certificate of land use rights, ownership of assets attached to land.
- Land plot is still within land use term.
- The land is not in dispute, not seized to ensure execution of judgment, and not subject to temporary emergency measures by competent state agencies.
In case of disputed land but the disputed area and boundary can be determined, the remaining undisputed area and boundary of that land plot is allowed to be divided or merged.
- The division or consolidation of land plots must ensure that there is a path; be connected to existing public transport routes; 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 implementing the division or consolidation of land plots, it is not necessary to change the land use purpose for the land area to make that path.
What is the minimum area for land division according to the 2024 Land Law?
According to Clause 2, Article 220 of the 2024 Land Law, in case of land division, in addition to the principles and conditions prescribed above, the following conditions must also be ensured:
- The land plots after separation must ensure the minimum area with the type of land in use according to the regulations of the Provincial People's Committee.
In case the area of the land plot to be separated is smaller than the minimum area allowed for separation, the land 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 plot must be divided, the minimum area of the land plot after division 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 divide 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 divide the plot.
- In case of division of land use rights according to a court judgment or decision, if the division does not ensure the conditions, area, and size of the plot separation according to regulations, the plot separation shall not be performed.
Thus, the minimum area for land division according to the 2024 Land Law will be determined by the Provincial People's Committee based on local customs and practices.
