QUY ĐỊNH VỀ VIỆC TÁCH THỬA ĐẤT Ở THÀNH PHỐ HUẾ/REGULATIONS ON PARCEL SUBDIVISION IN HUE CITY

Legal situation: My family has a residential land plot with a total area of 240 m² located in Thuy Duong ward, Huong Thuy commune, Hue city, on the main road. The land is not under dispute and has a pink book with my name. Now, my family wants to subdivide this land into two separate parcels, but we need the subdivision to not create a shared access road. Is it permitted to subdivide the land in this case? 

FDVN’s opinion:

Thank you for sending the question to FDVN Law Firm (FDVN). After researching the relevant regulations, FDVN has some opinions below: 

Clause 1, Clause 2 Article 220 of Land Law 2024 has regulated: 

“The parcel subdivision or parcel consolidation must ensure the following principles and requirements:

“... d) The parcel subdivision or consolidation requires pathways to be made, connections to existing public roads, water supply, drainage, and other necessary needs to be provided in a reasonable manner. In case a land user reserves a part of the area of a homestead land parcel or a land parcel with homestead land and other land in the same land parcel for use as a pathway, the repurposing of the area of land used as the pathway is not required upon the parcel subdivision or consolidation.”

Therefore, the parcel you want to subdivide “pathways to be made, connections to existing public roads”. If you perform the subdivision without forming a common pathway, the parcel will not meet the conditions to be subdivided, according to the provision above. 

Above is FDVN's consulting opinion regarding your consultation request, based on an analysis of legal regulations. We hope that FDVN’s advice will be helpful to you. 

By Tran Van Quy - FDVN Law Firm