New Law Eases Land Separation in Vietnam

A key question for many citizens is whether the new law will simplify land separation. Major changes in land management authority after July 1, 2025, introduce new regulations that facilitate this process. The new rules simplify procedures, shorten processing times, and increase transparency. This creates an opportunity for citizens to use land legally and more effectively. This article by Long Phan Consulting Company provides a detailed analysis of the legal issues involved in the land separation process.

Conditions for Land Separation from July 1, 2025

To execute a land separation, the land parcel must comply with specific conditions outlined in Article 220 of the Land Law 2024 and subsection 3, Section I, Part C, Appendix V of Decree 151/2025/NĐ-CP. These include:

• The land parcel must have a valid Land Use Rights Certificate and be within its usage term.
• The land must be free from disputes, not subject to seizure for judgment enforcement, and not under any temporary emergency measures by a competent state authority. If a dispute exists but the disputed area and boundaries can be identified, the undisputed remainder of the parcel is eligible for land separation or consolidation.
• The land separation must ensure a right of way and connection to an existing public road. It must also provide for reasonable water supply, drainage, and other necessary infrastructure. The land designated for the right of way does not require a change in its land use purpose.
• Parcels resulting from the land separation must meet the minimum area requirements set by the Provincial People’s Committee. If a separated parcel is smaller than the minimum area, it must be consolidated with an adjacent parcel simultaneously.
• In cases involving the conversion of land use purpose for a portion of a parcel, a land separation must be performed. The minimum area of the parcel post-separation must be equal to or greater than the minimum area for the new land use type. For parcels with both residential and other land types, land separation is not mandatory for a partial conversion of use purpose, unless requested by the land user.
• If a division of land use rights is mandated by a court judgment or decision, and this division does not meet the regulatory conditions for area and dimensions, the land separation will not be performed.

The Latest Land Separation Procedure

Effective July 1, 2025, Decree 151/2025/NĐ-CP revolutionizes the land management system by decentralizing authority to two local government levels. The authority to resolve a land user’s land separation request will, depending on the case, fall to either the Commune-level People’s Committee or the Provincial-level People’s Committee.

Application Dossier

As per subsection 1, Section I, Part C, Appendix V of Decree 151/2025/NĐ-CP, the land user must prepare one set of application documents for land separation, including:

• An application for land separation using Form No. 21, issued with Decree 151/2025/NĐ-CP.
• A land separation drawing (plat) using Form No. 22, issued with Decree 151/2025/NĐ-CP. This must be prepared by the Land Registration Office, its branch, or a licensed surveying unit qualified to create cadastral maps.
• The original Land Use Rights Certificate for the land parcel to be separated.
• Any relevant documents from competent authorities that mention the land separation (if any).

Receiving Authorities

According to subsection 2, Section I, Part C, Appendix V of Decree 151/2025/NĐ-CP and subsection 7, Section B, Part II of Decision 2304/QĐ-BNNMT, land users can submit their dossier at:

• The One-Stop-Shop department as regulated by the Provincial People’s Committee.
• The Land Registration Office.
• The Branch of the Land Registration Office.

Resolution Procedure

Based on Section I, Part C, Appendix V of Decree 151/2025/NĐ-CP, the land separation procedure from July 1, 2025, is as follows:

Step 1: Dossier Submission The land user submits the dossier to the competent authority. The receiving officer checks the documents and issues an appointment slip for returning the result if the dossier is valid. If submitted at a One-Stop-Shop, the dossier is forwarded to the appropriate Land Registration Office or its branch.

Step 2: Dossier Reception and Verification The Land Registration Office or its branch reviews the dossier, verifying:

• Compliance with land separation conditions.
• Information about the land user, boundaries, area, and land type against archival records and the submitted documents.

Step 3: Dossier Return (If Applicable) If the dossier is incomplete, the authority returns it with instructions for completion within a specified time.

• If the dossier does not meet the conditions for land separation, the Land Registration Office will return it with a clear explanation within 03 working days of receipt.
• If the dossier is eligible but the existing certificate lacks a parcel diagram or has inconsistencies in dimensions or area, the office will return the dossier within 03 working days, explaining the need to register a land variation first.

Step 4: Confirmation on Application and Drawing For a valid dossier, within 05 working days of receipt, the Land Registration Office confirms eligibility and parcel information on the Application for Land Separation. The office also certifies the Land Separation Drawing to complete the registration process and issue new certificates for the resulting parcels.

Step 5: Land Variation Registration and Result Delivery If the land separation involves a change in land user, the procedure for registering land and asset variations must be followed. The Land Registration Office updates the cadastral records and land database, issues new Land Use Rights Certificates for the separated parcels, and delivers them to the grantee.

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New Legal Points That Simplify Land Separation

Recent legal changes offer clear benefits to land users, making the land separation procedure more accessible.

Free Cadastral Surveying

According to Part V, Appendix I of Decree 151/2025/NĐ-CP, from July 1, 2025, the state will cover the cost of cadastral surveying. Therefore, clients will only need to pay the fee for issuing the new certificate when undertaking a land separation.

Flexible Submission Options

Based on administrative procedure code 1.012784, subsection 7, Section B, Part II of Decision 2304/QĐ-BNNMT, and Section I, Part A, Appendix V of Decree 151/2025/NĐ-CP, submission methods are expanded:

• Clients can submit dossiers at the One-Stop-Shop of the Commune People’s Committee.
• For online submission via the National Public Service Portal, all documents must be digitized from original or notarized copies.

Reduced Processing Time for Valid Dossiers After July 1, 2025

As per administrative procedure code 1.012784 and subsection 7, Section B, Part II of Decision 2304/QĐ-BNNMT issued on June 23, 2025, the processing time for land separation is:

• Reduced to 12 working days from the previous 15 days from the date of receiving a valid dossier, a 3-day improvement.
• A maximum of 22 working days for communes in mountainous areas, islands, remote regions, and areas with difficult or particularly difficult socio-economic conditions.

Advisory and Authorization Services at Long Phan Consulting Company

To navigate the land separation procedure smoothly, land users must understand the process and comply with all conditions. With years of specialized experience in land law, Long Phan Consulting Company offers expert support for all procedures related to land separation, ensuring efficiency and speed. Our services include:

• Consulting on land separation conditions, guiding clients on the necessary requirements under current regulations.
• Assessing dossiers, identifying applicable legal provisions, and determining potential risks.
• Guiding clients to complete the application for land separation correctly according to the official template.
• Representing clients in all procedures with competent state agencies, including dossier submission, monitoring progress, and responding to official requests.
• Receiving and delivering the final results directly to the client.

Long Phan Consulting Company is committed to providing reliable services. Clients can be confident in the legal validity and effectiveness of our support.

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Frequently Asked Questions: New Law and Land Separation

Land users often face practical issues regarding the land separation procedure. Here are answers to some common questions.

Can another person be authorized to carry out the land separation procedure?

Yes. Article 562 of the Civil Code 2015 allows a land user to authorize another person to perform land-related tasks on their behalf. You must prepare a Power of Attorney or Authorization Contract that is properly notarized or certified. The authorized person will then have the full right to submit documents, work with authorities, and receive the results on your behalf.

Are there fundamental differences in the separation process for agricultural and residential land?

The core procedure and prerequisite conditions in Article 220 of the Land Law 2024 apply generally to all land types. The key difference lies in the minimum area allowed after separation, which is specified separately for agricultural and residential land in decisions made by the Provincial People’s Committee.

Is it possible to carry out the land separation and land use rights transfer procedures simultaneously?

Yes. Based on Section I, Part C, Appendix V of Decree 151/2025/NĐ-CP, the law permits combining administrative procedures to save time. You can proceed with the land separation and land transfer procedures concurrently.

How can I find the minimum area for land separation in my locality?

This information is stipulated in a decision by the People’s Committee of the province or city where the land is located. You can look it up on the official electronic portal of the Provincial People’s Committee or contact the local Land Registration Office branch for precise information.

Does the procedure’s processing time include weekends and public holidays?

No. The resolution period is calculated in “working days,” which excludes Saturdays, Sundays, and public holidays as defined in Article 112 of the Labor Code 2019.

Conclusion

Streamlining the dossier, eliminating survey fees, and shortening the timeline for land separation have removed traditional barriers. With a constantly evolving legal framework for land, clients must stay updated to avoid risks. Long Phan Consulting Company is ready to provide fast and effective support for your land separation procedure. Contact us immediately via our hotline at 1900636389 for detailed consultation and timely assistance.