Urban Land Subdivision Guide for Housing

Urban Land Subdivision for housing is a matter of interest for land users, especially as the demand for homes in city areas increases. In 2025, new regulations on the conditions, minimum area, and procedures for land subdivision will apply. This article provides detailed information on the regulations for urban land subdivision for housing, helping citizens comply with the law.

Principles and Conditions for Land Subdivision

The subdivision of a land parcel must adhere to the principles and conditions specified in Clauses 1 and 2, Article 220 of the Land Law 2024.

Land users must meet the following principles and conditions to perform a land subdivision:

• The land parcel must have been issued one of the following types of certificates: Certificate of Land Use Rights; Certificate of House Ownership and Residential Land Use Rights; Certificate of Land Use Rights, Ownership of Housing and Other Land-Attached Assets; or Certificate of Land Use Rights, Ownership of Assets Attached to Land.
• The land use term of the parcel must be valid.
• The land must not be in dispute, under a lien for judgment enforcement, or subject to any temporary emergency measures by a competent state authority. If a portion of a disputed parcel has clearly defined boundaries, the undisputed remainder may be subdivided.
• The urban land subdivision must ensure the resulting parcels have access, connect to an existing public road, and provide for reasonable water supply, drainage, and other essential needs.

In addition to the above, the land subdivision must also meet the following conditions:

• After subdivision, each new parcel must meet the minimum area requirement for its land use type as stipulated by the provincial-level People’s Committee. If a new parcel is smaller than the minimum area, it must be consolidated with an adjacent parcel.
• If a portion of a parcel is to have its use purpose changed, the area of the subdivided parcel after the change must be equal to or greater than the minimum area for the new land use type.
• If a court judgment or decision orders a land division that does not meet the prescribed conditions for subdivision, the subdivision will not be performed.

Minimum Area for Residential Land Subdivision

For Ho Chi Minh City, according to Article 4 of Decision No. 100/2024/QD-UBND dated October 31, 2024: | Area/Region | Minimum Area for New and Remaining Parcels |

| Region 1 | 36m², with frontage and depth no less than 3m |

| Region 2 | 50m², with frontage and depth no less than 4m |

| Region 3 | 80m², with frontage and depth no less than 5m |

For Hanoi City, according to Article 14 of Decision No. 61/2024/QD-UBND dated September 27, 2024: | Area/Region | Depth (from road line) | Frontage Width | Area (outside road line) | |

| Wards, Towns | ≥ 4m | ≥ 4m | ≥ 50m² |

| Plain Communes | ≥ 4m | ≥ 5m | ≥ 80m² |

| Midland Communes | ≥ 4m | ≥ 5m | ≥ 100m² |

| Mountain Communes| ≥ 4m | ≥ 6m | ≥ 150m² |

Each locality will have its own regulations regarding the minimum area for an urban land subdivision. Clients should research the specific rules in their area to avoid dossier rejection.

>>> See more at: Land Subdivision Procedure for Boarding Houses

Can a Certificate Be Issued for a Parcel Smaller Than the Minimum Area?

According to Article 146 of the Land Law 2024, the issuance of a Certificate for parcels smaller than the minimum area is regulated as follows:

Cases where a certificate is issued:

• A parcel currently in use that was formed before the provincial People’s Committee’s minimum subdivision area regulation took effect, and which meets the conditions for certificate issuance.
• A parcel that already has a certificate and the land user wishes to subdivide or consolidate it, provided all conditions are met.

Case where a certificate is not issued: The self-division of a registered, certified parcel into two or more parcels where at least one resulting parcel is smaller than the prescribed minimum subdivision area.

Procedure for Land Subdivision

According to Sub-item I, Section C, Part V of the Appendix to Decree No. 151/2025/ND-CP dated June 12, 2025, the procedure is as follows:

Step 1: Dossier Submission The land user submits one complete dossier, which includes:

• An application for land subdivision (Form No. 21, issued with Decree No. 151/2025/ND-CP).
• A land subdivision drawing (Form No. 22, issued with Decree No. 151/2025/ND-CP) prepared by a licensed surveying unit.
• The original issued Certificate or a notarized/certified copy.
• Any relevant documents from competent authorities regarding the land subdivision.

Step 2: Dossier Reception and Appointment The receiving agency issues a receipt and an appointment for the result. If submitted at a Single-Window Department, the dossier is forwarded to the Land Registration Office.

Step 3: Dossier Review and Certificate Issuance The Land Registration Office reviews the dossier against the conditions in Article 220 of the Land Law 2024.

• If ineligible: The dossier is returned within 03 working days with a clear explanation.
• If eligible but the Certificate has an inadequate diagram: The dossier is returned within 03 working days with a request to register for a land change.
• If eligible: Within 05 working days, the Land Registration Office confirms eligibility and issues new Certificates for the subdivided parcels.

If the land user does not change, the Land Registration Office updates the cadastral records and issues new Certificates. If there is a change in the land user, the procedure for registering a land change must be followed. This is a key step in the urban land subdivision process.

>>> CLICK TO DOWNLOAD:

• Application Form for Land Parcel Subdivision and Consolidation

• Drawing for Land Parcel Subdivision and Consolidation

Urban Land Subdivision Services at Long Phan Consulting Company

Long Phan Consulting Company provides comprehensive guidance services for urban land subdivision for housing. Our services include:

• Detailed consultation on the conditions for land subdivision.
• Advice on the required dossier components and procedure.
• Guidance on the 2025 procedure for urban land subdivision.
• Reviewing the legality of all documents and evidence.
• Drafting and preparing all necessary dossier documents.
• Acting as an authorized representative to submit the dossier and monitor its progress.
• Receiving and delivering the results, with explanations as needed.

With a professional and dedicated team, Long Phan Consulting Company is committed to helping clients complete the urban land subdivision procedure efficiently and in compliance with all regulations.

>>> See more at: Official Land Data Request Procedure

Frequently Asked Questions (FAQ)

Where can I submit the dossier for land subdivision?

You can submit the dossier at the Single-Window Department of the commune-level People’s Committee or online via the National Public Service Portal.Legal Basis: Administrative Procedure No. 1.012784 and Sub-item I, Section A, Part V, Appendix I of Decree No. 151/2025/ND-CP.

Can a land user authorize another person to carry out the procedure?

Yes. The land user can create a legally notarized or certified power of attorney or authorization contract.

Are there any fee exemptions for the land subdivision procedure?

Form July 1, 2025, the cost of land parcel measurement will be covered by the state budget. Therefore, the land user will only have to pay the fee for issuing the new certificate(s).Legal Basis: Part V, Appendix I of Decree No. 151/2025/ND-CP.

Can disputed land be subdivided?

No. However, if the disputed area within a parcel is clearly defined, the remaining undisputed portion of the parcel can be subdivided.Legal Basis: Clause 1, Article 220 of the Land Law 2024.

Do the minimum subdivision area regulations apply nationwide?

No. The minimum area requirements are issued by the provincial-level People’s Committee, so each province and centrally-governed city has its own specific regulations.

Conclusion

Guidelines for subdividing urban residential land for house construction help residents understand legal regulations, conditions, and necessary procedures to comply with planning requirements, ensure lawful rights, and minimize risks during land use. For detailed consultation and prompt assistance in carrying out the procedures in accordance with the law, please contact Long Phan Consulting via hotline: 1900636389 for dedicated and professional service.