Ho Chi Minh City officially bans subdivision and sale of land, Ho Chi Minh City Real Estate Association proposes review and amendment

Real estate project investors in Ho Chi Minh City are not allowed to divide and sell plots of land in the project for people to build their own houses, including all 5 districts of Binh Chanh, Nha Be, Hoc Mon, Cu Chi and Can Gio.

Ho Chi Minh City bans subdivision and sale of land in 5 suburban districts - Photo: NGOC HIEN

Ho Chi Minh City People's Committee has just issued Decision No. 83 on determining areas where land use rights with technical infrastructure can be transferred to organizations and individuals to build their own houses.

According to this new regulation, in addition to wards and districts, land in 5 suburban districts of the city including Binh Chanh, Hoc Mon, Can Gio, Cu Chi, Nha Be is also not allowed to be divided into plots for sale.

Accordingly, 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 to build houses themselves (project owners must build complete houses for sale instead of buying land, dividing plots, and selling land as before - PV).

As for the project owner with the goal of resettlement by land in the commune, town, and district areas of the city, ensuring the conditions as prescribed in Article 31 of the Law on Real Estate Business 2023 and Article 45 of the Land Law 2024, the investor is allowed to transfer the land use rights by land to people to build their own houses.

The decision takes effect from October 21.

However, the Ho Chi Minh City Real Estate Association (HoREA) has just sent a document requesting the Ho Chi Minh City People's Committee to review and amend Decision 83.

According to HoREA, the suburban districts including Binh Chanh, Nha Be, Hoc Mon, Cu Chi and Can Gio are rural areas, the demand for buying, selling and transferring land to build houses for themselves in these areas is still very high, so banning the division and sale of land for individuals to build houses for themselves at this time is not suitable with reality and current regulations.

Therefore, HoREA proposed to amend the regulations in the direction of specifying in detail the determination of areas where land use rights can be transferred (with technical infrastructure) so that people can build their own houses in communes in suburban districts of Ho Chi Minh City according to current regulations.

The 2023 Law on Real Estate Business (effective from August 1) prohibits the subdivision and sale of land in wards, districts, and cities of special-class, type I, II, and III urban areas.

For the remaining areas, the locality will determine the areas where projects will be established by dividing the land into plots and selling them to individuals to build their own houses.

Ho Chi Minh City is a special urban area, so districts and Thu Duc City are not allowed to divide and sell land plots. As for the 5 suburban districts of Binh Chanh, Nha Be, Hoc Mon, Cu Chi and Can Gio with 5 towns and 58 communes under its management, they are still rural areas, under the authority of the city.

Source: https://tuoitre.vn/tp-hcm-chinh-thuc-cam-phan-lo-ban-nen-hiep-hoi-bat-dong-san-tp-hcm-de-nghi-xem-xet-sua-doi-2024103017543569.htm