The conditions for land separation and consolidation are not suitable for reality and need to be adjusted and changed.
The Standing Committee of the People's Committee of Ba Ria - Vung Tau province has just held a meeting to listen to the Department of Natural Resources and Environment report on the draft "Regulations on conditions for land division, land consolidation and minimum area for land division for each type of land in the area". This new draft regulation, once approved, will replace Decision 15 of the same name.
Previously, in September 2021, the People's Committee of Ba Ria - Vung Tau province issued Decision No. 15 regulating the conditions for land division, land consolidation and the minimum area allowed for land division for each type of land in the area (referred to as Decision 15), effective from October 1, 2021.
However, according to the Department of Natural Resources and Environment of Ba Ria - Vung Tau province, in the process of implementing Decision 15, there are still some difficulties and problems due to the fact that it is not suitable for the actual situation, and it is necessary to adjust and change.
Specifically, at points c and d, Clause 2, Article 3 of Decision 15 stipulates: “For land plots in urban areas, land division shall be carried out according to the approved land use planning, detailed planning at a scale of 1/500. In cases where there is no approved detailed planning at a scale of 1/500, the zoning plan at a scale of 1/2000 and the urban planning and architecture management regulations or the approved architecture management regulations shall apply.
For land plots outside urban areas, the subdivision shall be carried out according to the approved land use planning, detailed planning at a scale of 1/500. In case there is no approved detailed planning at a scale of 1/500, the approved zoning planning at a scale of 1/2000 and architectural management regulations (if any) shall be applied."
From the above regulations, in reality, up to now, the implementation of the establishment and approval of detailed planning at a scale of 1/500 and zoning planning at a scale of 1/2000 of localities in the province has not been completed and has encountered many difficulties. Therefore, the settlement of land division procedures is stuck, affecting the rights of people with legitimate needs for land division.
Ba Ria - Vung Tau will issue a new decision on land division and consolidation to replace Decision 15, which is causing difficulties for people's legitimate rights.
For example, the case of Mr. Tran Van Minh's family (residing in Phuoc Tan commune, Xuyen Moc district) has nearly 2 hectares of land but for more than 2 years has not been able to divide the plot to divide among 4 children.
Mr. Minh's land division dossier submitted to the Branch of the Xuyen Moc District Land Registration Office was returned, with the reason that his land plot did not meet the conditions for land division according to Decision 15 - because Phuoc Tan commune currently does not have a detailed construction plan of 1/500 or a zoning plan of 1/2,000.
In addition to Mr. Minh's case, in Dat Do district and the districts of Chau Duc and Xuyen Moc, hundreds of records were returned with the same reason "there is no detailed construction plan 1/500 or zoning plan 1/2,000".
New regulations will remove shortcomings and limitations of Decision 15.
To resolve the above limitations, Chairman of the People's Committee of Ba Ria - Vung Tau province Nguyen Van Tho requested the Department of Natural Resources and Environment to coordinate with the Department of Construction to supplement and complete the draft to soon issue a new decision to replace Decision 15.
According to the draft, the conditions for land division for households and individuals will change compared to Decision 15, as follows:
“The subdivision of plots is carried out according to the land use planning and the detailed construction planning at a scale of 1/500 approved by the competent authority. In case there is no detailed construction planning at a scale of 1/500, the construction subdivision planning at a scale of 1/2,000 approved by the competent authority shall apply. In case there is no construction subdivision planning at a scale of 1/2,000, the general construction planning approved by the competent authority shall apply. Particularly, agricultural land under the land use planning is agricultural land, the above construction planning shall not apply when handling the subdivision procedures.”
Land plots in residential land planning areas, commercial service land and non-agricultural production land after being divided must have at least one side adjacent to a traffic road managed by the State, the size of the adjacent side must ensure the minimum size as prescribed in Clause 1, Article 4 of this Decision.
Thus, this new draft decision does not stipulate conditions for land division for land plots inside and outside urban areas. Notably, in cases where there is no detailed construction plan at a scale of 1/500 or a zoning plan at a scale of 1/2,000, the land division shall apply the general construction plan, which has been approved by the competent authority.
Gio Linh
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