200m2 Agricultural Land in Ho Chi Minh City: Is Parcel Division Allowed?

I intend to subdivide a homestead land parcel in Tan Quy Tay Commune, Binh Chanh District, Ho Chi Minh City. The area is 200 square meters, used for agricultural production. Is it permissible?

Point a Clause 2 Article 5 Decision 60/2017/QD-UBND stipulates the separation of agricultural parcels as follows:

- In case the parcel is in an area planned for agricultural production: separation is allowed, new parcels formed and the remaining parcel must ensure a minimum area of 500m^2^ for annual crop land, other agricultural land and 1,000m^2^ for perennial crop land, aquaculture land, and salt production land.

- In case the parcel is in an area not planned for agricultural production and is in an area to be recovered according to approved and announced land use planning and plans, separation is not allowed. In case the parcel is in an area not planned for agricultural production and not in an area to be recovered according to approved and announced land use planning and plans, the land user is allowed to exercise rights as stipulated in Article 49 of the Land Law.

Thus, according to the above regulations, a 200m^2 agricultural parcel does not meet the minimum area requirement for separation. Therefore, it cannot be separated.

Best regards!

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