The New Local Regulations on Land Subdivision

With the new Land Law coming into effect on August 1st, several localities such as Bac Giang, Thanh Hoa, and Ba Ria-Vung Tau have made new decisions regarding lot splitting.

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The People’s Committee of Bac Giang province has recently issued Decision No. 24/2024, detailing regulations on land allocation limits, land recognition limits, minimum land area and conditions for land division and consolidation, and land allocation limits for agriculture and unused land for individuals to bring into use. The decision also outlines the criteria and conditions for converting land used for rice cultivation, protective forests, special-use forests, and production forests to other purposes. These regulations are applicable within the province and take effect immediately.

According to the decision, the minimum land area required for division is 32 sq. m (as per points a and b, Clause 1, Article 3) and 50 sq. m (as per point c, Clause 1, Article 3). The minimum front width is set at 4 meters, and the minimum depth from the construction boundary (if any) is 5.5 meters for original land plots with an existing depth of 5.5 meters or more. For land plots where the state has reclaimed land, and the existing depth is less than 5.5 meters, a minimum depth of 3 meters is required.

Several localities have issued new regulations on land division after the new Land Law took effect on August 1.

For non-residential land, the minimum area after division is set at 70 sq. m, with a minimum front width of 4 meters and a minimum depth of 8 meters from the construction boundary (if any) for original land plots with an existing depth of 8 meters or more. In cases where the state has reclaimed land and the existing depth is less than 5.5 meters, a minimum depth of 5 meters is required.

The People’s Committee of Ba Ria – Vung Tau province has also issued Decision No. 24/2024/QD-UBND, regulating the conditions for land division and consolidation and the minimum area for division for each land type within the province. This decision will take effect on September 16, replacing Decision No. 44 dated September 19, 2023. Any transactions made under Decision No. 44 that were received, certified, or recognized by law before September 16 will still be valid and can continue to be implemented.

According to Decision 24, land division and consolidation must comply with the principles and conditions stipulated in Clauses 1, 2, and 3 of Article 200 of the 2024 Land Law. The minimum area for land division for residential land is set at 80 sq. m, with a minimum side length of 5 meters (60 sq. m in Con Dao) and access to a road managed by the state.

The minimum area for commercial and service land and land for non-agricultural production facilities is 100 sq. m, while for agricultural land, it is 1,000 sq. m (500 sq. m in Con Dao). For areas with detailed construction planning, the minimum area for land division shall be implemented according to the approved planning and accompanying documents.

In Thanh Hoa province, the new regulations on the minimum area for land division are outlined in Decision 56, issued by the Provincial People’s Committee on September 9, 2024. For urban residential land, the area of the land plot after division must ensure that the remaining land plot and the newly formed land plots have an area of 40 sq. m and a minimum side length of 3 meters. In Hai Thanh ward, belonging to Nghi Son town, the minimum area after division is 30 sq. m, with a side length of 3 meters.

For rural residential land, the area of the land plot after division must ensure that the remaining land plot and the newly formed land plots have an area of 50 sq. m and a minimum side length of 4 meters. In Nghi Son commune (Nghi Son town), NgÆ° Loc commune (Hau Loc district), and Quang Nham commune (Quang Xuong district), the minimum area after division is 30 sq. m, with a side length of 3 meters…

In Binh Dinh province, according to the new regulations, urban residential land plots after division must have a minimum area of 40 sq. m, with a minimum width (frontage) and length (depth) of 3 meters. For rural residential land, the minimum area after division is set at 50 sq. m, with a minimum width and length of 4 meters.

For non-agricultural land, the minimum area for division is 100 sq. m for land that is not residential and is not part of an investment project approved by the state for allocation or lease. The Provincial People’s Committee has also specified the minimum area and dimensions for division for different types of agricultural land, such as land for annual crops and salt production (500 sq. m with a minimum width and length of 5 meters), land for perennial crops and aquaculture (1,000 sq. m with a minimum width and length of 10 meters), and production forest land (5,000 sq. m with a minimum width and length of 50 meters). For other agricultural land, where the land user has ownership before the effective date of the Law on Land, the minimum area is set at 500 sq. m, with a minimum width and length of 5 meters…

Ninh Phan

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