Regulations on land division and consolidation

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Article 220,Land Law 2024 regulates land division and land 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 rights and land use rights, Certificate of land use rights, house ownership rights and other assets attached to land, Certificate of land use rights, ownership rights of assets attached to land;

b) Land plot is still within 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; 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 separated land plot is smaller than the minimum area allowed for separation, the plot must be merged with the adjacent 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 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;

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, 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.

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, specify the conditions and minimum area for land division and land consolidation for each type of land.

GH