Conditions and minimum area for agricultural land division in the locality

General conditions for separating agricultural land plots

According to current land law, land users are allowed to separate agricultural land plots for transfer, sale, etc.

However, according to the 2013 Land Law, Decree 43/2014/ND-CP, Circular 09/2021/TT-BTNMT, the separation of agricultural land plots must meet the following conditions: Agricultural land to be separated must have a Land Use Rights Certificate (in some localities, this document is not required but only needs to meet the conditions for being granted a Certificate); the agricultural land plot is not in dispute; the agricultural land plot is still within its term of use; the agricultural land plot meets the conditions on minimum area and dimension for separation.

Localities have their own regulations on the minimum area for dividing agricultural land plots.

Thus, in case of wanting to separate agricultural land plots, the above conditions must be met.

Minimum area for agricultural land division

According to Decree 01/2017/ND-CP: "The Provincial People's Committee shall prescribe the minimum area allowed to be divided into plots for each type of land to suit the specific conditions of the locality".

Thus, the law will not prescribe a general minimum area limit for land division, but each locality will base on its land fund and land use planning to prescribe its own minimum area for land division.

In Ha Nam, the minimum area for separating agricultural land plots is stipulated in Decision 36/2017/QD-UBND. Accordingly, the minimum area of an agricultural land plot after separation is 360 m2.

In addition, for an agricultural land plot in Ha Nam to be able to be divided, this land plot must not fall into the case where it is not allowed to be divided as prescribed in Clause 6, Article 6 of Decision 36/2017/QD-UBND such as: The agricultural land plot with a request to be divided is located in an area where there is a land recovery notice or a land recovery decision of a competent State agency; The agricultural land plot with a request to be divided is located in a detailed subdivision plan approved by a competent authority, except for cases where this land plot is located in a resettlement area or service land that is allowed to be divided according to the provisions of Clause 4, Article 6 of Decision 36/2017/QD-UBND;

At the same time, the agricultural land plot requiring subdivision does not meet the conditions for granting a Certificate/pink book according to the provisions of law; One of the agricultural land plots formed after subdivision (the newly formed agricultural land plot or the remaining land plot) does not meet the conditions for the minimum area allowed for subdivision.

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