Clarification on parcel subdivision in Vietnam under Decision 60/2017/QD-UBND

1. The current regulation in Decision 33/2014/QD-UBND only allows parcel subdivision for homestead land in Vietnam. Does the new regulation in Decision 60/2017/QD-UBND allow parcel subdivision for other types of land?

Decision 60 allows parcel subdivision for types of land such as homestead land, agricultural land, and non-agricultural land (excluding homestead land).

Regarding parcel subdivision for residential land, the regulation specifies three areas, detailing specific minimum areas and street frontage widths as well as planning and infrastructure conditions when separating parcels.

2. Decision 60 specifies that the minimum area of a parcel to be separated in Vietnam is 36m². If this condition is met, can the parcel subdivision be carried out?

In cases where there is a need to separate a parcel of homestead land, the following two conditions must be fully met:

- First, based on the detailed construction planning at a scale of 1/2000 or subdivision planning at a scale of 1/2000 or detailed rural residential area planning approved by a competent state agency, which identifies the residential parcel belonging to existing residential land or improved existing residential land, parcel subdivision is permitted;- Second, the minimum area of the parcel to be formed and the remaining parcel after separation must meet the limits specified in Decision 60. The specific areas are as follows:

3. Decision 33 depended on factors whether homestead land had houses or not. Does Decision 60 still include this regulation?

Decision 33 regulated parcel subdivision depending on whether the homestead land had houses or not. However, Decision 60 no longer includes this requirement for parcel subdivision.

4. I have 6,000m² of perennial crop land and want to separate parcels to sell to others, but Decision 33 previously did not allow agricultural land parcel subdivision in Vietnam. How can I separate the parcels according to Decision 60? Does the buyer also have to engage in agricultural production?

In the case of parcels in areas zoned for agricultural production, parcel subdivision is allowed, and the newly formed parcels and the remaining parcels must meet the following minimum areas:

- 500m² for annual crop land and other agricultural land;- 1,000m² for perennial crop land, aquaculture land, and salt production land.

If the parcel is in an area not suitable for agricultural production and is planned for recapture according to the approved land use planning and publicized, parcel subdivision is not allowed. If the parcel is in an area not suitable for agricultural production and not planned for recapture according to the approved land use planning and publicized, the land user is entitled to exercise their rights as stipulated in Article 49 of the 2013 Land Law.

Clause 3 of Article 191 of the 2013 Land Law stipulates cases where transfer of land use rights is not allowed: Households and individuals who do not directly engage in agricultural production may not receive the right to transfer or gift rice cultivation land.

5. What should be noted regarding the minimum area and other conditions for separating non-agricultural land parcels?

To proceed with the separation of non-agricultural land parcels, the District People’s Committee (DPC) should base their decision on the detailed construction planning at a scale of 1/2000, or subdivision planning at a scale of 1/2000, or detailed rural residential area planning, and approved plans for land use to review and resolve parcel subdivision. The review and decision should comply with land laws regarding the assessment of conditions for land allocation, land lease, and conversion of land use purposes.

6. I have a disputed land parcel that the court has ruled in my favor. The land parcel has an area of 50m² within a total area of 120m². I now wish to separate this parcel. However, according to Decision 60, the area does not meet the conditions for separation. In this case, can I follow the court’s judgment to separate the land and register it under my name?

If the Court's judgment or decision includes content regarding the land division, the newly formed parcel area and the remaining parcel area after the division must meet the minimum area requirements specified in Decision 60.

If the parcel does not meet the conditions for separation as per Decision 60, the land user shall divide the land use rights according to the value of the land use rights or co-use the parcel as per regulations.

In cases where parcels are separated according to the Court's effective judgment or decision before January 1, 2018, the minimum area conditions stipulated in Decision 60 shall not apply, and state administrative agencies shall carry out procedures to issue a Land Use Right Certificate.

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