Regulations on splitting and merging land plots

Reply:

Article 220,The 2024 Land Law regulates the division and consolidation of land parcels.

1. The division and consolidation of land plots must ensure the following principles and conditions:

a) The land parcel has been granted one of the following types of certificates: Certificate of land use rights, Certificate of ownership of housing and land use rights, Certificate of land use rights, ownership of housing and other assets attached to the land, Certificate of land use rights, ownership of assets attached to the land;

b) The land plot is still within its land use term;

c) The land is not subject to disputes, is not seized to secure the enforcement of a judgment, and is not subject to any temporary emergency measures by a competent state agency.

In cases where land is disputed but the disputed area and boundaries can be determined, the remaining undisputed area and boundaries of that land parcel may be subdivided or merged.

d) The subdivision and consolidation of land parcels must ensure access; connection to existing public roads; and reasonable provision of water supply, drainage, and other necessary needs. If the land user allocates a portion of a residential land parcel, or a parcel containing both residential and other land within the same parcel, for an access path, then the land use purpose of that area used for the access path does not need to be changed during the subdivision or consolidation process.

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

a) After subdivision, the land parcels must ensure a minimum area for the type of land currently in use, as stipulated by the Provincial People's Committee;

If the subdivided plot of land has an area smaller than the minimum area permitted for subdivision, it must be simultaneously merged with an adjacent plot of land.

b) In the case of changing the land use purpose of a portion of the land parcel, land subdivision must be carried out, and the minimum area of ​​the subdivided land parcel must be equal to or greater than the minimum area of ​​the land type after the change of land use purpose. For land parcels containing both residential and other land, land subdivision is not mandatory when changing the land use purpose of a portion of the land parcel, except in cases where the land user wishes to subdivide the land;

c) In cases where land use rights are divided according to a court judgment or decision, but the division does not meet the conditions, area, and dimensions for land subdivision as prescribed, the land subdivision shall not be carried out.

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

a) The consolidation of land parcels must ensure that they have the same land use purpose, land use term, and form of land lease payment, except in cases where all or part of a land parcel containing residential land and other land is consolidated together, and in cases where a land parcel containing residential land and other land is consolidated with a residential land parcel;

b) In cases where land parcels differ in land use purpose, land use duration, and land lease payment method, the procedures for changing land use purpose, adjusting land use duration, and changing land lease payment method must be carried out simultaneously to unify them under one purpose, one land use duration, and one land lease payment method as prescribed by law.

4. 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 consolidation for each type of land.