8 Principles of Land Division and Consolidation in the Land Law 2024, Effective from 1/1/2025
The process of land division and consolidation involves splitting or merging parcels of land. These actions are governed by the Land Law 2024, which will come into effect on January 1, 2025. In this article, we will discuss the eight principles that guide this process.
Principle 1: Valid Land Certification
First and foremost, the land in question must possess one of the following valid land certificates: Land Use Right Certificate, House Ownership and Land Use Right Certificate, Land Use Right Certificate and Property Ownership Certificate attached to the land, or Land Use Right Certificate and Property Ownership Certificate.
Principle 2: Land in Use
The land to be divided or merged must still be within the land use term.
Principle 3: Dispute-Free Land
The land must be free from any disputes, not subject to property preservation measures to ensure the enforcement of judgments, and exempt from temporary emergency measures imposed by competent state authorities.
Principle 4: Partially Disputed Land
In cases where the land is under dispute but the extent of the dispute (area and boundaries) has been determined, the uncontested portion of the land can be divided or merged.
Principle 5: Accessibility and Connectivity
Land division and consolidation must ensure that there is proper access and connection to existing public roads. Additionally, it should cater to reasonable water supply, drainage, and other essential needs. If a portion of the land is used for a pathway or access road, there is no need to change the land use purpose for that specific area during the division or consolidation process.
Principle 6: Minimum Land Area
After land division, the resulting parcels must meet the minimum land area requirements specified by the provincial People’s Committee. If the divided land area falls below the minimum requirement, it must be consolidated with adjacent land plots.
Principle 7: Partial Change of Land Use
In cases of partial change in land use purpose, land division is only required if the resulting divided parcel meets or exceeds the minimum land area requirement for the specific land use. For land plots with both residential and non-residential areas, land division is not mandatory when a partial change of land use occurs, except when the land user wishes to divide the parcels.
Principle 8: Court Decisions
If land use rights are divided based on a court judgment or decision that does not meet the specified conditions, such as area, size, or division of parcels, land division will not be executed.
Apart from these principles and conditions, land consolidation must also adhere to the following criteria:
- The merged land plots must have the same land use purpose, land use term, and form of land lease payment, except when merging land plots with different residential and non-residential areas.
- In cases where the land plots have different land use purposes, land use terms, or forms of land lease payment, the division process must be carried out concurrently with procedures for changing land use purpose, adjusting land use terms, or modifying the form of land lease payment to ensure consistency.
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