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Ms. Vo Thi Minh Huong, residing in Minh Long ward, Chon Thanh town, owns a plot of land with a 15-meter frontage on an asphalt road and wishes to subdivide it by 5 meters to transfer to her child. However, since the beginning of August 2024, a document has temporarily suspended land subdivision due to conflicts with the 2024 Land Law, forcing her to wait for implementation guidelines. Ms. Huong stated that due to the urgent need, her family has been eagerly awaiting the issuance of guiding documents to proceed with the subdivision. On March 14th, upon receiving notification from the Chon Thanh Town Land Registration Office branch, her family immediately proceeded with the subdivision to transfer the land to their child.
Ms. Nguyen Thi Thuy from Minh Long ward shared: “My family owns a plot of land with a 20-meter frontage and we needed to separate 5 meters for our child, but the 2024 Land Law halted the process. After a long wait, we are now able to subdivide the land again, so I am very happy because it solves an urgent need for myself as well as many other people in the town.”
Based on the guidance document from the Department of Agriculture and Environment, the land registration office branches in the province have sent notifications and received applications for land subdivision and surveying from the people. Consequently, people in need have simultaneously gone to the land registration office branches to carry out the administrative procedures for land subdivision in large numbers.
At the Chơn Thành Town Land Registration Office branch, an average of 300 applications for land subdivision are received daily. After receiving the applications, branch staff measure, mark boundaries, and confirm the boundaries on-site to ensure accurate subdivision in accordance with regulations.
According to Pham Van Nam, Deputy Director of the Chon Thanh Town Land Registration Office Branch: After the Land Law of 2024 was promulgated and came into effect on August 1st, the Provincial People's Committee issued Decision No. 30/2024/QD-UBND dated October 15th, 2024, regulating the limits and conditions for land subdivision in the province. Following the issuance, the Provincial Land Registration Office and its branch recognized some difficulties and lacked specificity for land subdivision, so they temporarily suspended operations pending guidance from the Department of Natural Resources and Environment (now the Department of Agriculture and Environment). On March 13th, 2025, the Department of Agriculture and Environment issued a guiding document in accordance with Decision No. 30 of the Provincial People's Committee and Article 220 of the Land Law of 2024. Immediately after receiving the guiding document, the branch issued a notice to resume accepting land subdivision and surveying applications from March 14th.
Following the temporary suspension, there is a large backlog of land subdivision applications. To expedite the process, the branch leadership has instructed the unit to increase evening work hours and work overtime on weekends to resolve the backlog of land subdivision applications from citizens in accordance with regulations. Deputy Director of the Land Registration Office Branch in Chơn Thành Town, PHAM VAN NAM |
According to Mr. Nam, Decision No. 30 of the Provincial People's Committee, as well as the guidance from the Department of Agriculture and Environment, is very specific and detailed. However, due to many joint venture land plots, and landowners and investors coming from other localities, verifying the boundaries has encountered many difficulties.
The real estate market is recovering.
Previously, after the implementation of the 2024 Land Law, many people in the province were frustrated because they could not subdivide their land due to legal constraints. The reason is that Point d, Clause 1, Article 220 of the 2024 Land Law stipulates: “The subdivision and consolidation of land must ensure… reasonable water supply, drainage, and other necessary needs.” This is a rather general, broad, and vague provision, leaving the land registration agencies without a basis for implementation. Based on this general regulation, and in accordance with Decision No. 30 of the Provincial People's Committee, the Department of Agriculture and Environment issued a document guiding agencies, units, and localities to correctly implement the regulations.
According to statistics, 99.8% of households in Binh Phuoc currently have access to electricity; urban areas have piped water, while rural areas utilize water from dug wells and boreholes. Therefore, the Department of Agriculture and Environment is implementing guidelines on several aspects of Decision No. 30. Specifically, regarding the provision: “Ensuring reasonable water supply, drainage, and other necessary needs” as stipulated in point d, clause 1, Article 220 of the 2024 Land Law, which is specifically regulated in Article 3 of Decision No. 30, the minimum conditions and area requirements for each land type as stipulated in Articles 4, 5, and 6 of Decision No. 30 will be applied during implementation.
With the content: "In cases where existing roads already have water supply, drainage, and electricity systems, the land parcel formed from the subdivision and the remaining land parcel must ensure water supply, drainage, and electricity supply," as stipulated in point a, clause 1, Article 4 and clause 1, Article 5 of Decision No. 30, when implementing the subdivision, the land parcel before and after the subdivision must be adjacent to an existing public road, and is considered to meet the conditions for water supply, drainage, and electricity supply.
The division and consolidation of land parcels for land-use conversion as stipulated in point b, clause 2, Article 220 of the 2024 Land Law, when implemented, does not include areas with restricted land use rights (areas within safety corridors protecting roads, power lines, rivers, streams, etc.; areas with planning and land types different from the area being converted). These restricted areas continue to be used according to the purpose, duration, and form of use granted in the land use right certificate and are divided and consolidated with the area being converted.
According to the residents, the resumption of land subdivision and consolidation not only resolves the backlog of applications that have been suspended for nearly eight months but also opens up a new phase of development for the real estate market.
Ms. Thai Thi Huong from Dong Xoai city shared: Besides the temporary suspension of land subdivision, real estate transactions have also been "frozen" recently. However, after land subdivision resumed, a large number of outstanding applications were processed. This will open up a new wave of transactions, bringing the real estate market back to life.
Source: https://baobinhphuoc.com.vn/news/4/170973/duoc-go-vuong-tach-thua-dat-tang-manh
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