Regulations on land division when merging provinces

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According to Decision No. 46/2024/QD-UBND dated October 10, 2024 of the People's Committee of Phu Yen province, the minimum area for dividing residential land plots is 50 ^m2 for wards and towns and 60 ^m2 for communes; Decision No. 41/2024/QD-UBND dated October 17, 2024 of the People's Committee of Dak Lak province stipulates 40 ^m2 and 60 ^m2 .

Mr. Hung asked to separate 55 ^m2 , but the commune replied that it was not allowed, only 60 ^m2 according to the old regulations because Dong Xuan became a commune after July 1. Communes that were previously merged into wards were separated by 40 ^m2 or 50 ^m2 ; towns and wards that became communes were only separated by 60 ^m2 .

Mr. Hung asked how to apply it correctly? Which documents of the old and new provinces are appropriate to apply at this time?

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

The content of your reflection is a specific case under the jurisdiction of the locality. Therefore, the Ministry of Agriculture and Environment has no basis to respond. The Ministry would like to propose some principles as follows:

Land division must ensure the conditions specified in Article 220 of the 2024 Land Law:

"Article 220. Land division and consolidation

1. Land division and consolidation must ensure the following principles and conditions:

a) 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;

b) Land plot is still within the land use term;

c) 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;

d) The division or consolidation of land plots must ensure that there is a path; be connected to existing public transport routes; and 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.

2. In case of land division, in addition to the principles and conditions specified in Clause 1 of this Article, the following conditions must also be ensured:

a) 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;

b) 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;

c) 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.

3. In case of land consolidation, in addition to the principles and conditions specified in Clause 1 of this Article, the following conditions must also be ensured:

a) The consolidation of land plots must ensure the same land use purpose, land use term, and form of land rental payment, 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 as the residential land plot;

b) In case of land plots 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 unify according to one purpose, one land use period, and one land rent payment method according to the provisions of law.

4. The People's Committee at the provincial level shall, based on the provisions in Clauses 1, 2 and 3 of this Article, other relevant legal provisions and local customs and practices, specifically prescribe the conditions and minimum area for land division and land consolidation for each type of land.

Accordingly, 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.

Therefore, the Ministry of Agriculture and Environment recommends that you contact your local land management agency for specific instructions.

Source: https://vtv.vn/quy-dinh-ve-tach-thua-dat-khi-sap-nhap-tinh-100251020073655747.htm