Land Subdivision Procedures in Projects

New land subdivision procedures and regulations for land plotting will take effect on August 1, 2024, creating significant changes for project developers and land users. This article provides a detailed analysis of the legal regulations and guides the effective implementation of these procedures.

Conditions for Land Subdivision and Plotting

Conditions for Land Subdivision

The conditions for land subdivision are stipulated in Article 220 of the 2024 Land Law with specific and strict requirements. Project developers must understand each condition to avoid legal violations.

• The land parcel must have been granted one of the valid types of certificates as prescribed by land law. These include the Certificate of Land Use Rights, Certificate of House Ownership and Residential Land Use Rights, or Certificate of Land Use Rights and Ownership of Housing and Other Assets Attached to Land.
• The land parcel must be within its legal land use term, free from disputes, not subject to seizure for judgment enforcement, and not under any temporary emergency measure by a competent state agency.
• The subdivision must ensure that each new parcel has an access way connected to an existing public road.
• The resulting parcels after subdivision must meet the minimum area requirement for the current land type, as specified by the provincial-level People’s Committee. If a separated parcel is smaller than the minimum allowed area, it must be simultaneously consolidated with an adjacent land parcel.
• Conditions for water supply, drainage, and other necessary needs must be reasonably ensured according to technical regulations.

Land subdivision is not only strictly regulated by law but is also closely linked to planning, infrastructure, and the rights of land users. Therefore, individuals and organizations must carefully review the conditions under the 2024 Land Law and local regulations before proceeding.

Conditions for Land Plotting

According to Article 31 of the 2023 Law on Real Estate Business, new regulations introduce significant changes to tighten management, curb rampant land plotting, and ensure sustainable urban development in line with local planning.

• Prohibited Areas for Land Plotting (Clause 6, Article 31, 2023 Law on Real Estate Business):
  • Land located in wards, districts, or cities of special-grade, type I, type II, and type III urban areas.
  • Land subject to auction of land use rights for investment in housing construction projects as stipulated by the 2024 Land Law.
  • For remaining areas, the provincial-level People’s Committee will determine specific zones where project developers are permitted to transfer land use rights with completed technical infrastructure to individuals for self-construction of housing.
• The land plotting project must meet the requirements specified in Clause 1, Article 29 of the 2023 Law on Real Estate Business.
• The project must have a certificate of land use rights that is within its valid use term.
• The land use rights must not be subject to any disputes, seizures for judgment enforcement, or legal prohibitions or suspensions on transactions.
• The project developer must send a written notification to the provincial-level state management agency for real estate business, confirming that the land use rights are eligible for transfer.
• Information about the land use rights with completed technical infrastructure within the project must be publicly disclosed as required by Article 6 of the 2023 Law on Real Estate Business.

Developers must be fully aware of prohibited plotting areas, infrastructure requirements, and notification procedures to ensure their projects are legally compliant and effective.

>>> See more at: Overseas Vietnamese buying land plots in real estate projects

Application File for Land Subdivision and Plotting

The components of an application file for land subdivision are specified in Section 1, Part C of Decree 151/2025/ND-CP of the Government, dated June 12, 2025. Preparing a complete and accurate file is crucial for the success of the land subdivision procedures.

• An application for land subdivision, prepared according to Form No. 21 issued with Decree 151/2025/ND-CP of the Government, dated June 12, 2025, with all information accurately filled.
• A land subdivision or consolidation drawing, prepared according to Form No. 22 issued with Decree 151/2025/ND-CP, created by the Land Registration Office, its branch, or a licensed surveying unit.
• The original issued Certificate or a notarized/authenticated copy of the issued Certificate.
• Official documents from competent authorities that mention the land subdivision or consolidation (if any).

For land plotting projects, the developer must add the following documents:

• Documents proving the completion of technical infrastructure.
• All relevant documents approving the project’s planning, technical design, and related permits.
• Records of fulfillment of financial obligations related to land, including taxes and fees.

Developers must meticulously review each document, especially those proving infrastructure completion and financial obligations, to avoid rejection or complications.

CLICK TO DOWNLOAD: APPLICATION FOR LAND SUBDIVISION 2025

Procedures for Land Subdivision and Plotting

The land subdivision procedures in a real estate project are a critical step for developers to finalize the legal documentation for transferring individual land plots. This process follows a specific 3-step sequence outlined in Section 1, Part C of Decree 151/2025/ND-CP of the Government, dated June 12, 2025.

• Step 1: After plotting, the land user submits one set of application documents to the Single-Window Department, Land Registration Office, or its branch as regulated by the provincial-level People’s Committee. The receiving authority issues a receipt and an appointment for returning the results.
• Step 2: The Land Registration Office or its branch reviews the file to determine if it meets the subdivision conditions. If the file is incomplete or ineligible, it will be returned to the land user with a clear explanation within 03 working days. If the file is eligible, the authority will confirm the conditions are met on the application form within 05 working days.
• Step 3: The results are issued. If the subdivision does not change the land user, the Land Registration Office will update the cadastral records and issue new Certificates for the subdivided parcels. If the subdivision involves a change of land user, the procedure for registering changes in land and attached assets will be followed.
• Step 4: Subsequently, you will carry out the procedure for transferring a portion of the real estate project as stipulated in Article 41 of the 2023 Law on Real Estate Business. The developer must obtain a permit from the provincial People’s Committee to transfer part of the project. After approval, the developer and the buyer can execute the land plot transfer contract.

Correctly executing the land subdivision procedures not only helps developers legalize the land use rights for each plot but also facilitates transactions and commercial exploitation of the project.

Consulting Services at Long Phan Consulting Company

Long Phan Consulting Company offers professional consulting services for land subdivision procedures in real estate projects. With an experienced team and years in the real estate consulting field, we are committed to providing optimal solutions. Our services include:

• Advising on the conditions for land subdivision and plotting.
• Guiding the preparation and completion of application files.
• Drafting applications, explanatory letters, or complaints (if any).
• Acting as an authorized representative to submit files and work with competent authorities.
• Assisting in resolving any issues that arise during the procedure.

Our professional workflow is built with clear steps, from surveying and consulting to file preparation and finalization. We commit to transparency in costs, timelines, and service quality.

>>> See more at: Consulting on conditions for transferring real estate projects

Frequently Asked Questions (FAQ)

Are land subdivision conditions uniform nationwide?

No. While general conditions are set by Article 220 of the 2024 Land Law, each provincial-level People’s Committee has the authority to specify the minimum subdivision area for each local land type. Therefore, requirements differ between provinces/cities.

How does the land use term affect subdivision and plotting?

The land parcel must be within its valid use term to be eligible for subdivision. If the term has expired, the developer must complete the land use term extension procedure before proceeding with subdivision.

How can one know if an area is restricted from land plotting under the new regulations?

Developers must refer to Clause 6, Article 31 of the 2023 Law on Real Estate Business and specific regulations from the provincial People’s Committee. Restricted areas typically include special-grade, type I, II, and III urban areas, or land auctioned for housing construction.

What should a developer do if the subdivision application is rejected?

The competent authority will return the file with a clear explanation within 03 working days. The developer should review the reasons, amend or supplement the file as required, and resubmit it.

What costs are involved in the land subdivision and plotting procedures?

Costs may include cadastral surveying fees, file appraisal fees, taxes and land-related financial obligations (if there are changes in land use purpose or back-taxes), and legal consulting fees if using an external service.

How long does the entire land subdivision and plotting procedure usually take?

The processing time at state agencies is specified (e.g., 3-5 working days for review). However, the total time to complete the entire process, including file preparation and related transfer steps, can be longer depending on the project’s complexity.

Conclusion

The land subdivision procedures in real estate projects demand a deep understanding of the law and strict adherence to the process. Clients need to prepare documents carefully and follow the correct procedures to avoid unnecessary risks. For professional and effective support, contact Long Phan Consulting Company via hotline 1900 6363 89 for a free consultation and detailed fee quote from our experts.