New regulations on land division

Decision 10/2023/QD-UBND dated April 26, 2023 stipulates that the minimum area of a land plot after separation in Tay Ninh city, wards of towns and townships of districts is 5.00m2.

According to the provisions of Article 3 of the above decision, cases where land plots are not allowed to be separated or merged include: Land areas that have not been granted land use right certificates or do not meet the conditions for being granted land use right certificates; Land plots that have been notified of land reclamation or land reclamation decisions by competent state agencies; Land and land with assets attached to land that are in land disputes and are being handled by competent agencies; Land and land with assets attached to land that are being subject to preventive measures or seizure by competent agencies in accordance with the law; Land in conservation areas, historical - cultural relics, and scenic spots that have been identified and approved by competent state agencies in accordance with the law; Land plots whose land use term has expired but have not been or have not been extended, and continue to use the land in accordance with regulations; Land plots that have been separated without transferring rights or changing land use purposes; Not ensuring the conditions for land consolidation as prescribed in Article 5 of the Decision and not ensuring the conditions for land division as prescribed in Article 6 of the Decision.

Land users who violate the Land Law and have been handled or punished by competent state agencies but have not yet fully complied with the decision, except in cases of exemption or reduction according to regulations; The area of land division or consolidation is not consistent with the planning, land use plan, and construction plan according to legal regulations; The remaining land area after division does not ensure the minimum area for the type of land permitted for division.

The minimum area for land subdivision has been specifically regulated in Article 6 on specific conditions for land subdivision. In particular, for land subdivision in urban areas (wards and towns), land plots adjacent to public transport routes with a planned road boundary of 19m or more, after subdivision, the newly formed land plot and the remaining land plot must simultaneously ensure the requirement for a minimum land area of 45m2 and a minimum side size of 5m, except for land plots in areas with detailed planning approved by competent authorities; Land plots adjacent to public transport routes with a planned road boundary of less than 19m, after subdivision, the newly formed land plot and the remaining land plot must simultaneously ensure the requirement for a minimum land area of 36m2 and a minimum side size of 4m.

Particularly for the subdivision of land plots for rural residential land (communes), it is stipulated that the land plot adjacent to a public traffic route with a planned road boundary greater than or equal to 19m, after the subdivision, the newly formed land plot and the remaining land plot must simultaneously ensure the requirement of a minimum land plot area of 60m2 and have one side with a minimum size of 5m; The land plot adjacent to a public traffic route with a planned road boundary less than 19m, after the subdivision, the newly formed land plot and the remaining land plot must simultaneously ensure the requirement of a minimum land plot area of 50m2 and have one side with a minimum size of 4m.

Decision 10/2023/QD-UBND also specifies the conditions for land division for non -agricultural land (not residential land). Accordingly, the area and size of the land plot: from 100m2 or more, excluding the land area under traffic planning, with the depth of the land plot and the edge adjacent to the public traffic road not less than 5m in size.

For agricultural land, the minimum area of the land plot after separation in Tay Ninh city, wards of towns and townships of districts is 500m2; in the remaining communes it is 1,000m2.

A noteworthy point is that, Clause 2, Article 1 of Decision 10/2023/QD-UBND stipulates that this Decision does not apply to the following cases: land division due to the State reclaiming part of the land plot; Land division to build headquarters of agencies, public service units, public works serving the community; Land division to transfer, contribute capital, lease, sublease land use rights according to investment projects approved by competent authorities.

Land voluntarily returned to the State by land users, land use rights donated to the State; Land transferred or donated to households and individuals to build gratitude houses, charity houses, and solidarity houses; Land separation and consolidation to carry out inheritance according to the provisions of law; Land separation according to a court judgment or decision that has come into legal effect, a decision on enforcement of a civil enforcement agency that has come into legal effect, a decision of a competent state agency on land dispute resolution.

Land users requesting to separate a land plot simultaneously request to merge that land plot with another adjacent land plot of the same type of land to create a new land plot and the remaining area is equal to or larger than the minimum land area to be divided according to Article 6 of this Decision; Land users whose land area in use is smaller than the minimum area as prescribed have the need to merge the land plot with the adjacent land area of the same type of land according to the planning to create a new land area with an area equal to or larger than the minimum area.

This regulation is considered to have basically resolved the problems arising in the process of land division in accordance with the provisions of Decision 28/2020/QD-UBND dated July 27, 2020 of the Provincial People's Committee.

The World

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