New regulations on land division in Ho Chi Minh City, minimum 36m2

The People's Committee of Ho Chi Minh City stipulates that the minimum area for land subdivision in the city ranges from 36m2 to 80m2.

On October 31st, Vice Chairman of the Ho Chi Minh City People's Committee Bui Xuan Cuong signed and issued a decision on the conditions for land subdivision, land consolidation, and the minimum area for land subdivision in the city.

This decision takes effect from today (October 31) and replaces Decision No. 60/2017 which previously stipulated the minimum area for land subdivision.

Ho Chi Minh City stipulates the minimum area for land subdivision in various areas. Photo: My Quynh

Specifically, Zone 1 includes Districts 1, 3, 4, 5, 6, 8, 10, 11, Go Vap, Binh Thanh, Phu Nhuan, Tan Binh, and Tan Phu: The minimum area for land subdivision is 36m2, with a frontage width and depth of no less than 3m.

Area 2 includes Districts 7, 12, Binh Tan, Thu Duc City and the towns of the districts: The minimum area is 50m2, with a frontage width and depth of the plot not less than 4m.

Area 3 includes the districts of Binh Chanh, Nha Be, Cu Chi, Hoc Mon, and Can Gio (excluding the town): The minimum area is 80m2, with a frontage width and depth of the plot not less than 5m.

For agricultural land, the minimum plot size for subdivision is 500m2 for land used for annual crops and other agricultural land; and 1,000m2 for land used for perennial crops, aquaculture, salt production, and concentrated livestock farming.

According to the People's Committee of Ho Chi Minh City, the subjects to whom this decision applies include organizations, households, and individuals who have needs, rights, and obligations related to the procedures for land subdivision and consolidation. The competent state agencies shall carry out the procedures for land subdivision and consolidation in accordance with the law.

The minimum plot size for subdivision in the 5 suburban districts (excluding towns) is 80m2. Photo: My Quynh

Cases not subject to this decision include the sale of state-owned housing as stipulated by the Government ; land donated to the State, land donated to households and individuals for the construction of charity housing, solidarity housing, and housing for the needy; splitting or merging land parcels to implement projects as prescribed by the law on investment and public investment; areas with a detailed 1/500 scale planning; land parcels or parts of land parcels for which a land acquisition decision has been issued by a competent state agency, except in cases where more than 3 years have passed since the land acquisition decision was issued without implementation.

The Ho Chi Minh City People's Committee noted that the splitting and merging of land plots must ensure compliance with the principles and conditions stipulated in Clauses 1, 2, and 3 of Article 220 of the Land Law.

In cases where land users allocate a portion of their land plot for an access road, the access road shall be agreed upon by the parties, and the People's Committee of the district, county, and Thu Duc City shall be responsible for considering the actual situation in the locality to determine whether the agreed-upon access road ensures fire safety, water supply and drainage systems, and electricity supply, and to provide approval before proceeding with the land subdivision or consolidation.

The land area determined to be used as a walkway for multiple plots of land (from 2 plots of land or more) shall be converted to a form of common use on the certificate of land use rights and ownership of assets attached to the land.

For land subdivision and consolidation applications that have been received by the competent authority but have not been processed by the competent authority before the effective date of the 2024 Land Law, the amended and supplemented Land Law 2024, and this decision, the competent authority shall base its decision on the provisions of Clause 2, Article 256 of the 2024 Land Law and Decision No. 60/2017 of the People's Committee of Ho Chi Minh City stipulating the minimum area for land subdivision.

Previously, the Ho Chi Minh City People's Committee also issued Decision No. 83/2024, regulating the determination of areas where real estate project investors and housing construction investment projects are allowed to transfer land use rights with technical infrastructure to organizations and individuals for self-construction of housing in Ho Chi Minh City.

Accordingly, Ho Chi Minh City stipulates that investors of real estate projects and housing construction investment projects throughout the area are not allowed to transfer land use rights with technical infrastructure in the project to organizations and individuals to build houses themselves.

The above regulations apply except in cases where the investor aims to resettle people using land plots in communes, towns, or districts of Ho Chi Minh City, provided that the conditions stipulated in the 2023 Law on Real Estate Business and the 2024 Law on Land apply.

Source: https://www.baogiaothong.vn/quy-dinh-moi-ve-tach-thua-o-tphcm-toi-thieu-36m2-192241031113736714.htm