On the afternoon of August 18, Mr. Tran Van Hiep, Chairman of Lam Dong Provincial People's Committee, signed and issued a decision stipulating the conditions for land division and consolidation and the minimum area for land division for each type of land in the province. This decision takes effect from September 4, 2023 and replaces Decision No. 40/2021/QD-UBND dated January 1, 2021 of Lam Dong Provincial People's Committee.
Lam Dong province "unties" subdivision and plot separation
What conditions are required for land division?
According to the issued decision, the condition for land division is that the land has been granted a Certificate of Land Use Rights (GC). For land plots with multiple land use purposes (LUR), the land division shall be carried out for the LUR with the highest value.
Non-agricultural land plots with at least one side adjacent to an existing traffic road managed by the State and which has been updated, adjusted, and shown on the cadastral map in accordance with regulations must have a depth dimension (the side forming an angle with the side adjacent to the road) of ≥ 6m after deducting the construction setback.
In locations and areas where there are regulations on the main indicators of planning and construction management for individual houses and works approved by competent authorities, the area of land for subdivision shall comply with these regulations. In cases where the architectural form of the house in the main indicators of planning and construction management is different from the zoning plan, the zoning plan shall not apply. In other cases, it is determined that there are no regulations on the architectural form of the house.
In case of separating a part of a land plot to merge with an adjacent land plot, the remaining land plot after separation must ensure the conditions according to regulations on minimum area.
Minimum area allowed to be subdivided for each type of land
Urban land division: for townhouses, the residential land area is ≥ 40.0m2 and the side adjacent to the road is ≥ 4.0m. For terraced houses with gardens, the residential land area is ≥ 72m2 and the side adjacent to the road is ≥ 4.5m for named roads (or unnamed roads with a road clearance of ≥ 10m); for the remaining roads and alleys, the residential land area is ≥ 64.0m2 and the side adjacent to the road is ≥ 4.0m.
Detached house: residential land area ≥ 250m2 and the side adjacent to the road ≥ 10m for named roads (or unnamed roads with road clearance ≥ 10m); on remaining roads and alleys, residential land area ≥ 200m2 and the side adjacent to the road ≥ 10m.
Urban land, minimum subdivision area is 40 m2
Villa: residential land area ≥ 400m2 and the side adjacent to the road ≥ 12m for named roads (or unnamed roads with road clearance ≥ 10m); on remaining roads and alleys, residential land area ≥ 250m2 and the side adjacent to the road ≥ 10m.
Meanwhile, the division of rural land plots is specifically stated: in cases where there are regulations on housing architectural forms in the rural residential area construction planning or the general commune construction planning approved by competent authorities, the area of land for division shall follow the regulations on housing architectural forms of that planning. In cases where the construction planning period has ended and the competent authority has not issued a document to extend or approve the next period, the planning shall continue to be applied until the new planning is approved. In cases where there are no regulations on housing architectural forms, the residential land area shall be ≥ 72m2 and the side adjacent to the traffic road shall be ≥ 4.5m.
Separation of agricultural land plots and other agricultural land plots: the minimum area of land to be divided is 500m2 in urban areas (wards and towns); 1,000m2 in rural areas (communes) including the area belonging to the public works safety corridor (if any) and not required to be adjacent to traffic roads; in case of agricultural land plots and other agricultural land plots adjacent to traffic roads, the land plots after division must have a side adjacent to the road with a size of ≥ 10m.
To separate a production forest plot from a planted forest, the minimum area for separation is 10,000m2 .
This Decision does not stipulate the minimum land area for land division when implementing the land recovery decision of a state agency; land users donate land use rights to build public works; to build houses of gratitude, charity, houses for multidimensional poor households (poor households, near-poor households), ethnic minority households lacking residential land according to current regulations.
Minimum area of agricultural land for subdivision is 500m2 in urban areas and 1,000m2 in rural areas.
Regarding the conditions for land consolidation, the decision clearly states that the land plots must be adjacent and have the same land use rights; the minimum area and size after consolidation does not apply.
For land division and land consolidation dossiers received according to the dossier receipt on the provincial administrative procedure settlement system software before the effective date of this decision, the land division and land consolidation dossiers shall continue to be processed in accordance with the provisions of Decision No. 40/2021/QD-UBND...
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