Regulations on land division in Binh Duong from November 1, 2024

Binh Duong Provincial People's Committee has just issued Decision 38/2024/QD-UBND stipulating the conditions for land division, land consolidation and minimum area for land division for each type of land in Binh Duong province.

The Decision takes effect from November 1, 2024.

Minimum area allowed to separate plots of land in Binh Duong province.

The Decision clearly states that the separation of non -agricultural land plots that are not residential land and the separation of residential land plots belonging to projects approved by competent authorities located outside industrial parks and industrial clusters must ensure compliance with approved land use planning and plans.

For non-agricultural land in industrial parks and industrial clusters: Land lessees in industrial parks and industrial clusters must separate the leased land plots according to the investment project or investment policy or Investment Registration Certificate approved by the competent State agency or must ensure the requirements for connectivity to traffic infrastructure and technical infrastructure utilities.

At the same time, it is necessary to ensure fire prevention and fighting and construction density, harmony of architectural landscape, environmental protection, in accordance with planning, land use plan, construction zoning plan or detailed construction plan of industrial parks and industrial clusters approved by competent authorities.

Some specific regulations to implement land division according to Clause 2, Article 3 of Decision 38/2024/QD-UBND:

- The land plot has been granted one of the following types of certificates: Certificate of land use rights, Certificate of house ownership and land use rights, Certificate of land use rights, house ownership and other assets attached to land, Certificate of land use rights, ownership of assets attached to land.

- Land plot is still within land use term.

- The land is not in dispute, not seized to ensure execution of judgment, and not subject to temporary emergency measures by competent state agencies.

- The area of the new land plot and the remaining area of the land plot after the division must be greater than or equal to the minimum area of each corresponding land type as prescribed above, after deducting the land area belonging to the protection corridor of works according to the provisions of law.

- For land plots with many types of land, consideration for land division only applies to one type of land if conditions are met, after deducting the land area belonging to the protection corridor of constructions according to regulations.

- Land plots with land use planning or general planning or zoning planning for many types of land will be considered for land division if they meet the corresponding conditions of a type of land according to the planning.

- The newly formed land plot and the remaining land plot after the division must be adjacent to a road managed by the State, ensuring a minimum width and length of 4m for the land plot when adjacent to a road with a right of way or a red line width of less than 19m. Ensuring a minimum width and length of 5m for the land plot when adjacent to a road with a right of way or a red line width of greater than or equal to 19m.

- In case of dividing residential land plots or agricultural land plots according to land use planning, non-agricultural land, in addition to the condition of being adjacent to roads managed by the State, must also ensure that technical infrastructure works have been invested in at the location of the division.

My Phuoc - Tan Van Road connects Di An City with Bau Bang District (Binh Duong).

Binh Duong Provincial People's Committee assigned the District People's Committee to promulgate a list of roads and road sections that have invested in sufficient technical infrastructure works, including: State-managed roads according to regulations, power supply lines, lighting, telecommunications, water supply and drainage.

In case the routes and road sections have not fully invested in technical infrastructure according to regulations, they must at least meet two conditions: being adjacent to traffic routes managed by the State and the power supply line meeting the technical standards of the electricity industry based on actual investment conditions or included in the medium-term investment plan, to consider and resolve land division.

In case the project investor separates residential land plots belonging to projects that have been allocated land by the State and divided into plots according to approved detailed planning, the separated land plots must comply with the approved detailed planning and the project investor has invested in essential technical infrastructure items such as traffic, electricity supply, water supply, and drainage.

In case the project investor separates a land plot for transfer, the separated land plot must comply with the approved detailed planning and must have the documents specified in Article 41 of Decree 101/2024/ND-CP or the Department of Natural Resources and Environment has sent a notice to carry out the procedures for registering the house and land for the buyer according to the 2013 land law.

In case the area of the plot is not consistent with the approved detailed planning, the competent authority approving the detailed planning at the current time must consider and agree on the area of the plot.

In case of changing the purpose of use of a part of a land plot, the plot must be divided. The minimum area of the land plot after division must be equal to or larger than the minimum area of the land type after changing the purpose of use. The division must ensure the regulations on division.

For land plots with residential land and other land or land plots with residential land and other land after changing the purpose, it is not mandatory to separate the plot when changing the purpose of use of a part of the land plot. In cases where the conditions for dividing the plot are not met, the purpose change will still be considered when ensuring the conditions for allowing the change of land use purpose according to regulations.

Thy Hue

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