What are conditions for parcel subdivision in Vietnam?

What are conditions for parcel subdivision in Vietnam? (Internet image) 

What are requirements for parcel subdivision in Vietnam?

The Land Law 2024 will take effect from January 1, 2025.  From the time the Land Law 2024 takes effect, the parcel subdivision or parcel consolidation must ensure the following principles and requirements:

- One of the following certificates has been issued for the land parcel to be subdivided or consolidated: Certificate of LUR, certificate of home ownership and LURs to homestead land, certificate of LUR, ownership of housing and property affixed to land, or certificate of title;

- The land use term of the land parcel does not expire;

- The land is not in a dispute, not subject to distraint to ensure judgment enforcement or imposition of temporary emergency measures of competent regulatory agencies;

In case the land is in dispute but the disputed area or boundary can be determined, the remaining area or boundary that is not in dispute of that land parcel may be subdivided or consolidated;

- The parcel subdivision or consolidation requires pathways to be made; connections to existing public roads; water supply, drainage and other necessary needs to be provided in a reasonable manner.

In case a land user reserves a part of the area of ​​a homestead land parcel or a land parcel with homestead land and other land in the same land parcel for use as a pathway, the repurposing of the area of land used as the pathway is not required upon the parcel subdivision or consolidation.

(Clause 1, Article 220 of the Land Law 2024)

In addition to the principles and requirements above, the following requirements must also be met upon land subdivision:

- For the land type that is being used according to regulations of the People’s Committee of a first-level administrative division, requirements for the minimum area of land parcels after subdivision must be met;

In case the area of the land parcel being subdivided is smaller than the minimum area required to be able to subdivide, the land parcel must be consolidated with the adjacent land parcel at the same time;

- In case of repurposing a part of the land parcel, the parcel must be subdivided. The minimum area of ​​the parcel after subdivision must be equal to or greater than the minimum area of​​the land type after repurposing. If the land parcel includes homestead land and other land, it is not required to subdivide the land parcel when repurposing a part of the land parcel, except for the cases where the land user wishes to subdivide the parcel;

- If LURs are divided according to a judgment or decision of a Court but requirements, area, and size of the parcel being subdivided are not met upon LUR division, the parcel shall not be subdivided.

(Clause 2, Article 220 of the Land Law 2024)

Regulations on issuance of certificates of title in case land parcel area is smaller than the minimum area in Vietnam

The minimum area is the mandatory limit of a plot of land after parcel subdivision, this area is regulated by the provincial People's Committee after considering and evaluating legal regulations as well as the actual situation in the locality.

According to Article 146 of the Land Law 2024, the issuance of certificates of title in case land parcel area is smaller than the minimum area in Vietnam is as follows

-  A land parcel in use formed before the effective date of the document specifying the minimum parcel area to be created by subdivision of the People’s Committee of a first-level administrative division and the land parcel area is smaller than the prescribed minimum parcel area, the current land user shall be issued a certificate of title, provided all requirements for eligibility for the certificate are satisfied.

- The certificate of title shall not be issued if the land user themselves splits or subdivides the land parcel that has been registered or issued the certificate of LURs or certificate of home ownership and LURs of homestead land or certificate of LURs, ownership of housing and other property affixed to land or certificate of title into 02 or more pieces in which at least one piece is smaller than the minimum parcel area to be created by subdivision according to Article 220 of the Land Law 2024.

- If the certificate of LURs or certificate of home ownership and LURs of homestead land or certificate of LURs, ownership of housing and other property affixed to land or certificate of title has been issued for a land parcel and the land user wishes to subdivide the land parcel into land pieces or combine it with other land parcels into a new land parcel, the certificate of title shall be issued for each land piece after being subdivided or for the new land parcel after being consolidated, provided all the conditions specified in Article 220 of the Land Law 2024 are satisfied.

Truong Quang Vinh

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