Is it permissible to donate land for road construction in order to subdivide the land?

Mr. Dang Huu Lien (Da Nang) owns 800 square meters of residential land, but currently lacks an access road to subdivide it. Mr. Lien has reached an agreement with the adjacent landowner to create a shared access path, with the intention that his son will inherit it and build a house to ensure a stable life.

When processing his paperwork, Mr. Lien was informed that residents are not allowed to donate land for road construction. Mr. Lien believes this regulation is unreasonable. His land is residential land, which he could allow his children and grandchildren to build houses on for stable living, but he is hindered by the land subdivision issue. With an area of ​​over 800 ^m² , he has to pay a very high annual non- agricultural land fee. His plot of land is not affected by any projects, and he has already left a drainage ditch leading to the main road.

According to his research, there is currently no legal document prohibiting people from donating land for road construction in order to subdivide the land and allow their descendants to inherit it. Mr. Lien requested that the competent authorities clarify why his family cannot donate land for road construction.

The Ministry of Agriculture and Environment responded to this issue as follows:

Clause 1 of Article 220 of the 2024 Land Law and Clause 3 of Article 11 of Resolution No. 254/2025/QH15 dated December 11, 2025, of the National Assembly, which stipulates a number of mechanisms and policies to remove difficulties and obstacles in the organization and implementation of the Land Law, provide for general principles and conditions when dividing and consolidating land parcels. Specifically, the requirement that land parcels must have access roads and be connected to existing public transportation routes is consistent with the provisions of Article 254 of the Civil Code.

The regulations on "access" in Article 220 of the Land Law and Clause 3, Article 11 of Resolution No. 254/2025/QH15 aim to facilitate land users' right to access their land parcels, ensuring access connects to public roads or is permitted by adjacent land users to connect to public roads. Furthermore, it does not require the access to be a public road with a land use code (DGT).

Clause 4 of Article 220 of the 2024 Land Law stipulates that "The People's Committee of the province shall, based on the provisions of Clauses 1, 2 and 3 of this Article, other relevant legal provisions and local customs and practices, specify the conditions and minimum area for land subdivision and land consolidation for each type of land."

In cases where land users wish to donate their land use rights to the State for the purpose of expanding transportation routes, they must ensure compliance with the planning regulations as stipulated in point e, clause 1, Article 37 of the Land Law.

The Ministry of Agriculture and Environment provides this information for your reference; please contact the relevant local authorities for resolution.

If he disagrees with the outcome of the administrative procedure, he has the right to file a complaint or lawsuit against the administrative decision or administrative act regarding land management as stipulated in Article 237 of the Land Law.

Source: https://baolangson.vn/co-duoc-hien-dat-mo-duong-de-tach-thua-5079855.html