1. What conditions must be met to separate agricultural land?
Pursuant to Article 222 of the 2024 Land Law, the separation of agricultural land plots must meet the following conditions:
- First, agricultural land divided into plots must have a Certificate of Land Use Rights (in some localities, this document is not required but only requires the conditions to be granted a Certificate).
- Second, the agricultural land plot is not in dispute; not seized to ensure enforcement of judgments...
- Third, agricultural land is still valid.
- Fourth, the agricultural land plot meets the conditions on minimum area and adjacent size for plot separation.
Thus, in case of wanting to separate agricultural land plots, the above conditions must be met.
2. How much agricultural land can be divided into plots?
The condition on minimum area is one of the important conditions when dividing a land plot, however, this is the condition most likely to violate.
Clause 2, Article 220 of the 2024 Land Law stipulates as follows: In case of land division, in addition to the principles and conditions specified in Clause 1 of this Article, the following conditions must be ensured:
- The land parcels after splitting the parcel must ensure the minimum area for the type of land used in accordance with the regulations of the provincial People's Committee; In case the land parcel is separated with a smaller area of the minimum area allowed to separate the parcel, it is necessary to implement the land plot at the same time.
Accordingly, the minimum area allowed for land division for agricultural land will be regulated by the Provincial People's Committee and in accordance with the specific conditions of each locality.
This means that the law will not stipulate the general minimum area for land division, but each locality will base on the land fund and land use planning in their locality to stipulate their own minimum area for land division.
Therefore, when completing the procedures for dividing agricultural land plots, people need to first carefully check the regulations on the minimum area allowed for dividing agricultural land in their locality and compare with the area of the land plot they plan to separate to see if it meets the requirements.
For example: The minimum area for separating agricultural land plots in Binh Dinh province is based on Article 3 of Decision 36/2024/QD-UBND stipulating: Land for growing annual crops, salt-making land is 500m2, width and length from 5m or more; Land for growing perennial crops, aquaculture land is 1,000m2, width and length from 10m or more...
3. Want to separate a plot of land but not enough area, what should I do?
The fact that land users are not eligible for agricultural land division due to failure to ensure conditions for the minimum area for division is quite common. However, Point a, Clause 2, Article 220 of the 2024 Land Law stipulates:
In case the area of the divided land plot is smaller than the minimum area allowed for division, the plot must be merged with the adjacent land plot at the same time.
According to the above provisions, if the land users apply for separation of land plots and the land parcel is formed from the separation of the parcel does not guarantee the minimum land parcel area, it is allowed to separate the parcel simultaneously with the land parcel (buying a part of the land parcel next to it) and is granted a land use right certificate for the new land parcel.
