From August 1, what are the conditions for land division?

The 2024 Land Law, which takes effect from August 1, sets out new conditions for people to separate and merge land plots in Article 220.

Firstly, the land plot has been granted one of the following types of certificates: land use rights certificate; house ownership and land use rights certificate; land use rights certificate, house ownership and other assets attached to land or land use rights certificate, ownership of assets attached to land.

Second, the land plot is still within the land use term. The land is not in dispute, not subject to seizure or temporary emergency measures by state agencies.

In case of disputed land but the disputed area and boundary can be determined, the remaining undisputed area and boundary can be separated and merged.

Third, the separation and consolidation of plots must have access, connection with existing public transport routes, ensuring water supply, drainage and other necessary needs in a reasonable manner. If the landowner reserves a part of the residential land area in the same plot as a access, when separating or merging the land plots, the purpose of use of that access area is not required.

In addition, the land plots after separation must ensure the minimum area for the type of land in use according to the regulations of the Provincial People's Committee. If the separated land plot has an area smaller than the minimum, it must be combined 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 minimum area after the division must be equal to or greater than the minimum area of ​​the land type after the change of 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 area, unless the user has a need to divide the plot.

Land division is not allowed in case of land use rights division according to court judgment or decision but the division does not ensure the conditions, area and size of land division according to regulations.

The 2024 Land Law also stipulates two additional conditions for land consolidation. First, the consolidation must have the same purpose, duration of use, and form of land rental payment, except in cases where the land is consolidated with residential land and other land.

Second, if merging plots of land with different land use purposes, land use periods, and land rent payment methods, it is necessary to carry out the procedures for changing land use purposes, adjusting land use periods, and changing land rent payment methods at the same time to ensure consistency.

Provincial People's Committees shall base on the above regulations and local customs and practices to specify the conditions and minimum area for land division and consolidation for each type of land.

Thus, compared to the 2013 Land Law, the principle of land division and consolidation has been supplemented by the 2024 Land Law with cases of land involving disputes over part of the area, technical infrastructure conditions of the land plot as well as requirements after division.