New regulations on land division in Ho Chi Minh City, minimum 36-80m2

On October 31, Mr. Bui Xuan Cuong - Vice Chairman of the Ho Chi Minh City People's Committee, signed and issued a decision regulating the conditions for land division, land consolidation and the minimum area for land division in the area. The decision takes effect from the date of signing and replaces Decision No. 60/2017/QD-UBND (dated December 5, 2017) of the City People's Committee regulating the minimum area for land division.

According to this decision, Ho Chi Minh City divides localities into 3 regions. Region 1 includes: Districts 1, 3, 4, 5, 6, 8, 10, 11, Go Vap, Binh Thanh, Phu Nhuan, Tan Binh, Tan Phu; Region 2 includes: Districts 7, 12, Binh Tan, Thu Duc City, and towns of the district; Region 3 includes: Binh Chanh, Cu Chi, Hoc Mon, Nha Be, and Can Gio districts, excluding towns.

In 13 districts of area 1, the formed residential land plot and the remaining residential land plot after separation must have a minimum area of 36 square meters. (Illustration photo)

For residential land, the Ho Chi Minh City People's Committee stipulates that the conditions for land division in area 1 are that the formed land plot and the remaining residential land plot after division must have a minimum area of 36 square meters, with the frontage width and depth of the land plot not less than 3 meters.

Area 2 is the formed land plot and the remaining residential land plot after the subdivision with a minimum area of 50m2, the frontage width and depth of the land plot are not less than 4m.

Area 2 is the remaining residential land after the subdivision with a minimum area of 80m2, frontage width and land depth of not less than 5m.

For agricultural land, the minimum area for subdivision is 500m2 for land for annual crops and other agricultural land; 1000m2 for land for perennial crops, aquaculture land, salt-making land, and concentrated livestock land.

The subjects of application of this regulation are organizations, households, and individuals who have the need, rights, and obligations related to the implementation of land division and land consolidation procedures. The competent State agencies shall carry out procedures for land division and land consolidation according to the provisions of law.

The above provisions on conditions for land division shall not apply to the sale of State-owned houses; land donated to the State, land donated to households and individuals to build charity houses, gratitude houses, and solidarity houses; land division and consolidation to implement projects in accordance with the provisions of law on investment, public investment, and housing; for areas with detailed planning at a scale of 1/500 approved by competent authorities; land plots or part of land plots for which a land recovery decision has been issued by a competent State agency, except in cases where it has been more than 3 years since the date of the land recovery decision but the decision has not been implemented.

10 days ago (October 21), the Ho Chi Minh City People's Committee also issued Decision No. 83/2024 on regulations on determining 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 to build their own houses in the city.

The decision clearly states that investors of real estate projects and housing construction investment projects throughout Ho Chi Minh City are not allowed to transfer land use rights with technical infrastructure in the project to organizations and individuals who build their own houses.

Except for the case specified in Clause 2, Article 2 of this Decision, the investor has the goal of resettlement by land in the commune, town, and district areas of Ho Chi Minh City, ensuring the conditions according to the provisions of the Law on Real Estate Business 2023 and the Land Law 2024.

Thus, the decision stipulates that project investors throughout Ho Chi Minh City are not allowed to divide and sell land plots, including the five districts of Binh Chanh, Nha Be, Hoc Mon, Cu Chi and Can Gio.

The investor must complete the construction of the house, then transfer the land use rights and ownership of the house and assets attached to the land to individuals or organizations according to regulations.

Previously, according to the 2014 Law on Real Estate Business, investors could divide and sell land plots in areas not located within the wards of special-class urban areas and centrally-run type I urban areas. This means that land in districts and communes (rural land) in the 5 districts surrounding Ho Chi Minh City is allowed to be divided and sold.

According to the Ho Chi Minh City Department of Construction, the ban on subdivision and sale of land in five districts on the outskirts of the city aims to unify management, avoid people from illegally constructing without permission, not ensuring architectural management regulations, as well as avoid discrimination between commercial housing projects throughout the area.

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