New regulations on land division and consolidation under the 2024 Land Law are about to take effect.

8 principles and conditions for land division and consolidation

Currently, the 2013 Land Law does not specifically regulate the division of plots, but according to Clause 23, Article 1 of Decree 148/2020, the Provincial People's Committee will base on the planning, land use plan, detailed construction plan and specific conditions in the locality to specify the conditions for land division, conditions for land consolidation according to each type of land and the minimum area allowed for land division for each type of land.

However, the 2024 Land Law, which is about to take effect, has clearly stipulated the conditions for land division and consolidation. Specifically, Clause 1, Article 220 stipulates that land division and consolidation must ensure 8 principles and conditions.

Firstly, 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.

Second, the land plot is still within the land use term.

Third, the land is not in dispute, not seized to ensure execution of judgment; not subject to temporary emergency measures by competent state agencies.

Fourth, the division 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 dividing the land plot, it is not necessary to change the land use purpose for the land area to make that path.

Fifth, in case of land division where there is a dispute but the disputed area and boundary can be determined, the remaining undisputed area and boundary of that land plot is allowed to be divided.

Sixth, 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. In case the area of ​​the separated land plot is smaller than the minimum area allowed for separation, the land plot must be merged with the adjacent land plot at the same time.

Seventh, 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 separation must be equal to or greater 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.

Eighth, in case of division of land use rights according to court judgments and decisions, 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.

The subdivision must ensure the minimum area and type of land in use according to the regulations of the Provincial People's Committee (Photo: Duong Tam).

Conditions for land to be divided

In addition to ensuring the above principles, land division must also ensure the following conditions:

Firstly, 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. In case the area of ​​the separated land plot is smaller than the minimum area allowed for separation, the land plot must be merged with the adjacent land plot at the same time.

Second, 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 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 land plot, except in cases where the land user has a need to divide the plot.

Third, 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.

Regarding land plot consolidation, in addition to the principles in Clause 1, Article 220 of the Land Law, two other conditions must also be ensured. Specifically, the consolidation of land plots must ensure the same land use purpose, land use term, and land rental payment method, except in the case of merging all or part of a land plot with residential land and other land in the same land plot and in the case of merging a land plot with residential land and other land in the same land plot with the residential land plot.

In addition, in case the land plots have different land use purposes, land use periods, and land rent payment methods, they must be carried out simultaneously with the procedures for changing land use purposes, adjusting land use periods, and changing land rent payment methods to unify according to one purpose, one land use period, and one land rent payment method according to the provisions of law.

In addition, Clause 4, Article 220 of the Land Law also states that the Provincial People's Committee shall base on the provisions of Clauses 1, 2 and 3 of this Article, other relevant legal provisions and local customs and practices to specifically prescribe the conditions and minimum area for land division and land consolidation for each type of land.

Source: https://dantri.com.vn/bat-dong-san/quy-dinh-moi-ve-tach-thua-hop-thua-theo-luat-dat-dai-2024-sap-co-hieu-luc-20240627075543993.htm