Conditions for splitting a land parcel: minimum area, documents and the 5-step process

This content is for reference and is not legal advice. Rules may change and differ by locality; for a specific case, ask the competent authority or a lawyer. Updated 24 October 2026.

Splitting a parcel means dividing one land parcel into two or more smaller parcels, each with its own certificate. Many people buying plots or garden land, or receiving an inheritance, run into this step; if the conditions are not met, no separate certificate will be issued for the part you bought.

1. Legal basis

Article 220 of the 2024 Land Law (No. 31/2024/QH15) regulates splitting and merging of parcels. According to a summary of Article 220 in the People's Court Magazine, the article sets general and specific conditions for splitting and merging, then assigns the provincial People's Committee to set specific conditions and the minimum area for each land type, based on clauses 1, 2 and 3 of the article, related legal provisions and local customs. That is why the figure changes by province, city and land type.

2. Common general conditions

According to the summary of Article 220 (People's Court Magazine):

1. The parcel has been issued a certificate (the various certificates of land use right, home ownership and assets attached to land).
2. The parcel is still within its land use term.
3. No dispute, no seizure for judgment enforcement, and no interim emergency measure applied. If only part is in dispute and the boundary can be determined, the rest can still be split or merged.
4. Ensure access, connection to public roads, water supply, drainage and other necessary needs; land used as an access path does not need a change of purpose when splitting or merging.
5. After splitting, each parcel must reach the minimum area for its current land type; a split parcel smaller than the minimum must be merged at the same time with an adjoining parcel. When part of a parcel changes purpose, the area after splitting must not be smaller than the minimum for the land type after the change.
6. Division of land use rights under a court judgment or decision that does not meet the conditions, area or dimensions cannot be split.

There are also separate rules on merging (parcels with the same purpose, term and form of land rent payment). Note: the specific minimum area and side lengths are set by the decision of the provincial People's Committee where the land lies.

3. Summary table of documents

Document	Note
Application for parcel splitting	On the form at the receiving desk
Certificate (original)	For the parcel to be split
Personal documents of the land user	All co-owners
Map and cadastral extract of the land	Prepared by a qualified survey unit
Transfer documents (if splitting in order to sell)	Procedures can be combined

4. The 5-step process

1. Check the planning and the locality's splitting rules (minimum area, access). See how to look up planning.
2. Hire a survey unit to prepare cadastral extracts for the new parcels.
3. Submit the file at the land registration office or the one-stop desk.
4. The authority appraises, inspects on site if needed, and determines any resulting financial obligations.
5. Receive the certificate for each new parcel after completing the obligations.

Processing times follow each locality's rules; ask the authority where the land is.

Illustrative example (assumed figures)

A 200 m² parcel is to be split into 2 parcels of 100 m². If the province requires a minimum of 80 m² for residential land, both parcels meet the area requirement; but if one parcel is only 60 m², it must be merged with an adjoining parcel or the division adjusted. The figures 80 m² and 60 m² are only for illustration; you need to look up the decision of the exact province. For land with both a residential part and a garden part, ask the authority about the minimum for each land type.

5. Costs that commonly arise

• Survey and cadastral extract fees.
• Certificate issuance fee for the new parcels.
• Tax and registration fee if the split comes with a transfer or gift.
• Costs of building a road or infrastructure if a new parcel lacks the required access.

6. Common mistakes when buying split-off land

• Buying first, splitting later, but the new parcel does not reach the minimum area so no certificate is issued.
• No lawful access, so you must negotiate or buy extra access land.
• Land still mortgaged to a bank, not yet released.
• Documents missing signatures of co-owners.
• The seller only makes a handwritten paper or a notarial record (vi bằng) with no parcel-splitting procedure.

7. Suggestions when buying

Use a conditional deposit: refund the deposit if the parcel cannot be split to the right area, or divide payments according to the progress of certificate issuance (see reservation, deposit, sale and purchase agreement). For apartments and townhouses in commercial projects, the developer completes the documents and you do not split parcels yourself; see the article Checking a project's legal status before you buy.

The pages below are all newspapers or legal news sites, not original legal texts; article and clause numbers come from these pages and must be checked against the original text before being relied on.

• Article 220 of the 2024 Land Law — People's Court Magazine, Quy định về tách thửa, hợp thửa đất trong Luật Đất đai 2024, opened 24 October 2026 (a summary article, not the full text).
• Example of a local rule: Decision 38/2024/QD-UBND (Kon Tum) on conditions for splitting and merging parcels — vbpl.moj.gov.vn, seen in search 24 October 2026, not opened.