What is the minimum area for splitting a land plot, and where do you look it up?

There is no single figure for the whole country. The minimum area for splitting a plot (tách thửa) is set by the provincial People's Committee for each type of land, and each province has its own figure (Article 220(2) and (4) of the Land Law 2024 (Đ.220 khoản 2, khoản 4 Luật Đất đai 2024)). Besides the area, the plot must have a certificate, still be within its term, not be in dispute and have access to a public road.

Who sets the minimum area for splitting a plot?

The provincial People's Committee. The province relies on Đ.220, other regulations and local customs to set specific conditions and minimum areas for splitting and merging plots for each type of land (Đ.220 khoản 4 Luật Đất đai 2024).

So, for the same residential land, the minimum in an inner-city ward may differ from a rural commune, and differ between provinces. Agricultural land usually has its own figure. You must check the decision of the province where the land is.

How do you look up your province's minimum area?

1. Find the provincial People's Committee's decision. Its title usually contains the phrase "quy định điều kiện tách thửa đất, hợp thửa đất và diện tích tối thiểu được tách thửa" (regulating the conditions for splitting and merging plots and the minimum area for splitting). Search this phrase with the province's name on Google, or look on the province's web portal under the Official Gazette or legal documents section.
2. Check that the decision is still in effect. It may have been amended or replaced. Look at the date of issue and any later amending decisions.
3. Note provinces that have merged. From 1/7/2025 the country has 34 provinces and cities. The new province may have issued a common decision, or may still be applying the old province's decision to the old area. You need to know which province the plot used to belong to.
4. Read the right land type and area. Decisions usually divide by residential land in wards, residential land in communes and agricultural land, with minimum frontage width and depth.
5. Ask if unsure. Ask the one-stop desk, the branch of the Land Registration Office or the commune-level land management agency where the land is. This is the most reliable way, because they apply the text currently in effect.

Besides area, what conditions apply to splitting a plot?

Under Đ.220 khoản 1 Luật Đất đai 2024, the plot must:

• Have been issued a certificate (one of the types of certificate).
• Still be within its land use term.
• Not be in dispute or under distraint for enforcement of a judgment, nor subject to an interim emergency measure. If only part is in dispute and the boundary can be determined, the rest can still be split.
• Have access connecting to a public road, with reasonable water supply and drainage.

From 1/1/2026, the access condition is relaxed: the plot may use access across adjoining land if the user of the adjoining land agrees to let you cross to reach the public road (Article 11(3) of Resolution 254/2025/QH15 (Đ.11 khoản 3 Nghị quyết 254/2025/QH15)). If you set aside part of your residential land as an access way, you do not have to change the use of that access part.

If a plot after splitting is smaller than the minimum, you must merge it immediately with an adjoining plot (Đ.220 khoản 2 điểm a).

Do you have to split the plot when changing the use of part of it?

Not necessarily. From 1/1/2026, when changing the use of part of a plot, splitting is not mandatory (Đ.11 khoản 3 Nghị quyết 254/2025/QH15). Before that, Đ.220 khoản 2 điểm b only exempted plots with residential land and other land.

Where the law and Resolution 254 differ on the same issue, Resolution 254 applies while it is in effect (Đ.13 khoản 3 Nghị quyết 254/2025/QH15).

Merging plots (hợp thửa) is also easier: the plots need not have the same land use purpose, the same term or the same form of payment (Đ.11 khoản 3 Nghị quyết 254/2025/QH15).

If a court divides land into parts below the minimum, can it be split?

Usually not. If a court judgment or decision divides land and a share does not meet the conditions, area or dimensions for splitting, the split is not carried out (Đ.220 khoản 2 điểm c Luật Đất đai 2024).

Exception: judgments and decisions that took effect before 1/8/2024 may still be split (Đ.11 khoản 3 Nghị quyết 254/2025/QH15). When suing to divide land, you should plan in advance for division in money or shared ownership if the land is small.

How do siblings named jointly split off their own parts?

If the land use right can be divided into shares, each person who wants to exercise rights over their share must register the change or split the plot and obtain a separate certificate (Article 27(2)(b) of the Land Law 2024 (Đ.27 khoản 2 điểm b Luật Đất đai 2024)). If it cannot be divided into shares, everyone acts together or authorises one representative.

Each person's split-off part must still meet the province's minimum area.

What are the steps to split a plot?

Under Article 7 of Decree 101/2024/NĐ-CP (Đ.7 Nghị định 101/2024/NĐ-CP):

1. File the dossier: an application to split or merge plots; a splitting plan drawn by the Land Registration Office or a licensed surveying unit; the certificate already issued.
2. The Land Registration Office checks the conditions under Đ.220. If they are not met, it returns the file with reasons within 3 working days.
3. If they are met, it certifies the application and the plan within 5 working days.
4. If the land user does not change, it issues a new certificate for each plot. If you split to sell or give, you then carry out the procedure to register the change (see transferring a land certificate after a sale).

From 31/1/2026, the provincial People's Committee issues the administrative procedures on land for its locality (Article 15 of Decree 49/2026/NĐ-CP (Đ.15 Nghị định 49/2026/NĐ-CP)). The specific file and time limits may differ from the steps above. Check the plot-splitting procedure on your province's public service portal.

When to ask a lawyer

• The plot has no access and the neighbours do not agree to let you cross.
• You are suing to divide an inheritance or joint property and the land is smaller than the minimum.
• The certificate shows residential land together with garden land without a clear residential area.
• The land authority refuses to split the plot and you believe this does not follow the province's rules.