Cases where land plots cannot be separated or merged

On November 5, the Chairman of Khanh Hoa Provincial People's Committee signed and issued a Decision specifying the conditions, size and minimum area for land plot separation and consolidation for each type of land in the province. This Decision takes effect from November 10, 2024.

Specifically, the separation and consolidation of land plots must ensure the principles and conditions prescribed in Clauses 1, 2 and 3, Article 220 of the Land Law.

The Decision also clearly states that land separation and consolidation shall not be carried out in cases where the land area determined in the annual district-level land use plan has been approved by a competent authority for recovery to implement a project as prescribed in Articles 78 and 79 of the Land Law.

However, after 2 consecutive years, the land area determined in the annual district-level land use plan has not been decided to recover the land and the competent authority has not adjusted or canceled it, or has adjusted or canceled it but has not announced the adjustment or cancellation for the area to be recovered in the annual district-level land use plan, the land user shall continue to exercise the rights of a land user.

The failure to separate or merge land plots also applies to land plots in areas where there has been a notice of land reclamation or a decision on land reclamation by a competent State agency; except in cases where it has been more than 3 years since the date of the notice or decision but no implementation has been made.

Finally, land plots in conservation areas, historical-cultural relic sites, and scenic spots have been identified and approved by a competent State agency in accordance with the law.

Minimum area for separation and consolidation

Also according to the above decision, for residential land, the division of plots, in addition to the above principles and conditions, must meet the following criteria:

Specifically, for urban residential land, plots of land adjacent to traffic roads with a red line (planning) width of 19m or more: the minimum area to be divided must be from 45m2 or more and the frontage width and depth of the plot must be from 5m or more.

Land plots adjacent to traffic routes with a red line width of 10m to less than 19m must have a minimum area to be divided into plots of 36m2 or more and the frontage width and depth of the plot must be 4m or more.

Land plots adjacent to traffic routes with a red line width of less than 10m must have a minimum area to be divided into plots of 36m2 or more and the frontage width and depth of the plot must be 3m or more.

For residential land in rural areas, land plots adjacent to national highways, provincial roads, district roads, and communal roads, the minimum area to be divided into plots of 50m2 or more and the frontage width and depth of the plot must be 5m or more.

Land plots in island areas must have a minimum area to be divided into plots of 50m2 or more and the frontage width and depth of the plot must be 5m or more.

The minimum area of ​​land to be divided in the remaining area must be 60m2 or more and the frontage width and depth of the land must be 5m or more.

Rules of the common way

In the case of separating residential land plots or land plots with residential land and other land in the same plot in a residential area, it is necessary to arrange access to the plots after separation, according to the agreement between the users of the separated plots, but ensuring the minimum width of the access is 1.5m.

In the case of land division not in residential areas but having to arrange a walkway, the width of the walkway shall be agreed upon between the owners of the separated land plots but shall meet the minimum width of the common walkway of 4m.

In the case of agricultural land plots in the agricultural land planning area when implementing the division, the newly formed land plot and the remaining land plot must ensure a minimum area of ​​land for annual crops, salt production land, and aquaculture land of 500m2; land for perennial crops is 500m2 (urban areas) and 1,000m2 (rural areas); for land for production forests, protective forests is 5,000m2; for other agricultural land is 500m2.

In case the agricultural land plot is located in a residential area, the minimum area allowed to separate the agricultural land plot is 200m2 and the frontage width and depth of the land plot must be from 5m or more...