The Ho Chi Minh City Fatherland Front Committee has organized a social review conference for the draft decision of the Ho Chi Minh City People’s Committee on issuing regulations on conditions for land division and consolidation, and the minimum area for land division in the city, replacing Decision 60/2017.
Remaining Concerns
Currently, there are challenges in accepting applications for land division and consolidation according to Decision 60/2017.
Specifically, resolving land division applications must be based on land use planning and plans. In cases where the detailed construction planning at a scale of 1/2,000 or the sub-planning at a scale of 1/2,000 or the detailed construction planning for rural residential areas has been approved by the competent state agency, and the land plot is designated as new residential land, mixed-use land (including residential function), and included in the annual land use plan of the district, for revocation for project implementation, land division shall not be permitted.
After 3 years from the date of reviewing and approving these plans, if there is no annual land use plan for the district or there is but no land revocation notice, then land division will be allowed.
According to Mr. Thai Van Tin, representing the Tan Phu District Branch of the Land Registration Office, when resolving land division applications for land designated as new residential land or mixed-use land (including residential function), the People’s Committee of Tan Phu District holds an inter-agency task force meeting to consider and resolve the land division. Meanwhile, according to the draft replacement decision, in cases where the land plot is designated for new residential or mixed-use purposes and complies with the land use planning and plans, detailed planning at a scale of 1/500, and detailed urban design at a scale of 1/500 approved by the competent authority, land division shall be permitted.
Mr. Tin suggested that in terms of organization and implementation, the People’s Committees of districts, Thu Duc City, and the city itself should be responsible for reviewing and providing opinions on the conformity of construction planning with regard to land division. The representative of the Tan Phu District Branch of the Land Registration Office proposed that it should be clearly regulated whether the local People’s Committees would review and provide opinions on the conformity of construction planning for all land division cases or only for specific cases.
Regarding the minimum land area for division, while the draft decision retains the same area as Decision 60/2017, a significant change is the clarification of width and depth. “Previously, only the minimum width was mentioned without specifying the depth. Due to unclear regulations, there were challenges during the implementation process,” said Lawyer Truong Thi Hoa.
Lawyer Truong Thi Hoa suggested paying attention to multiple contents
However, Ms. Hoa suggested considering the minimum area for land division in Area 3, as the requirement of 80 square meters would be challenging for residents with a division need. The lawyer also advised the drafting committee to refer to the Land Law 2024, which will soon take effect and includes a section on agricultural land classification, to ensure that the new decision complies with the law.
Progressive Aspects
Mr. Nguyen Van Nam from the Southern Institute of Legal Research opined that the minimum area for land division for different types of land is reasonable, similar to that of neighboring provinces, and characteristic of the city, which is divided into 3 areas. In addition, the draft is generally consistent with the Land Law 2024, preventing arbitrary land use conversion and limiting arbitrary land subdivision and lot sales, thus preserving the city’s planning.
“The draft decision filters out land division cases that genuinely arise from the people’s needs, ensuring compliance with the city’s land use planning and preventing arbitrary land use conversion, which can disrupt state policies, land administration, and create opportunities for policy manipulation and profiteering,” said Mr. Nguyen Van Nam.
Mr. Le Manh Hung, a member of the Scientific, Technical, and Environmental Consulting Council of the Ho Chi Minh City Fatherland Front Committee, agreed that compared to Decision 60/2017, the current draft has progressive points. For instance, in cases of land division or consolidation with disputes, if the disputed area and boundary can be determined, the undisputed area and boundary of the land plot are still eligible for land division or consolidation.
Like many delegates, Mr. Hung also proposed clarifying certain contents to avoid bureaucratic corruption and harassment of citizens during the land division and consolidation procedures.
The decision replacing Decision 60/2017 will be issued after a process of consultation, feedback incorporation, and refinement to ensure its appropriateness, reasonableness, and effectiveness.
Mr. Nguyen Toan Thang, Director of the Ho Chi Minh City Department of Natural Resources and Environment, highly appreciated the feedback from the delegates and experts and shared that this draft has received special attention due to its direct impact on the people.
“We listen, absorb, and refine the feedback to advise the Ho Chi Minh City People’s Committee in issuing a new decision that is accurate and feasible so that this policy can be implemented in the lives of the people,” said Mr. Thang.
Based on the spirit of the upcoming Land Law and our experience, the city has drafted this decision, considering what can be relaxed and beneficial to the people, and we will make it happen,” said Mr. Nguyen Thanh Binh, Head of the Democracy and Legal Advisory Board of the Fatherland Front Committee of Tan Binh District.
According to Mr. Thang, the draft decision was developed based on identifying the shortcomings and challenges of Decision 60/2017, while also taking into account the upcoming Land Law 2024.
“We will gather feedback, incorporate it into the draft, and submit it to the city for a decision,” emphasized Mr. Thang. He also shared that the city’s viewpoint is to thoroughly consider the feedback, the appraisal of the Department of Justice, and other opinions before signing and issuing the decision.
The issuance of the new decision may be delayed or aligned with the effective date of the Land Law 2024. “But the principle is that we must issue this decision. It encompasses almost the same content as the new law, along with the feedback and suggestions incorporated. We will work swiftly and timely. The sooner we act and the more feedback we gather, the more persuasive this decision will be,” emphasized the Director of the Ho Chi Minh City Department of Natural Resources and Environment.
