On May 7th, the Vietnam Fatherland Front Committee of Ho Chi Minh City 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.

Ms. Nguyen Thi Kim Thuy, Vice Chairwoman of the Vietnam Fatherland Front Committee of Ho Chi Minh City, speaking at the conference.

In her opening remarks, Ms. Nguyen Thi Kim Thuy, Vice Chairwoman of the Vietnam Fatherland Front Committee of Ho Chi Minh City, stated that the current Land Law and its guiding decrees are in effect, and the content of Decision No. 60/2017 on regulations regarding the minimum area for land division is no longer suitable.

Therefore, this decision needs to be amended to address the needs of the people for land division while preventing abuse, distortion, and disruption of planning, especially the planning of land funds for the important socio-economic development orientation of the locality.

Mr. Nguyen Toan Thang, Director of the Ho Chi Minh City Department of Natural Resources and Environment, said that the new draft decision inherits Decision 60/2017 on the minimum area for land division.

The new decision will replace Decision No. 60/2017 of the Ho Chi Minh City People’s Committee on the minimum area for land division. This draft basically maintains the same conditions and minimum area for residential and agricultural land division.

Accordingly, the draft decision replaces the regulation that the land plots after division must ensure the minimum area for the type of land being used according to this decision. In case the divided land plot has an area smaller than the minimum area allowed for division, it must be consolidated with the adjacent land plot at the same time.

Meanwhile, Decision 60/2017 stipulates that the formed land plots and the remaining land plots after division, consolidation, and boundary adjustment between land plots must ensure the minimum area as prescribed in this decision.

Accordingly, the minimum area for land division, for residential land, the newly formed land plots and the remaining land plots after division (excluding the area belonging to the traffic infrastructure plan that is inconsistent with the planning) must ensure a minimum area of 36 m2 for area 1, 50 m2 for area 2, and 80 m2 for area 3.

Details of the 3 areas according to the draft decision replacing Decision 60.

The division of agricultural land remains basically unchanged, with the same area as Decision 60/2017. Accordingly, the newly formed land plots and the remaining land plots must ensure a minimum area of 500 m2 for land growing annual crops and other agricultural land, and 1,000 m2 for land growing perennial crops, land for aquaculture, and land for salt production.

The draft replacing Decision 60/2017 keeps the same minimum area for residential and agricultural land division.

Notably, the draft decision stipulates that both before and after the land division, the land plots must be adjacent to a road that has been announced by the competent authority.

Meanwhile, Decision 60/2017 stipulates that in case of dividing residential land and forming traffic infrastructure and technical infrastructure, the People’s Committees of districts and counties shall review the conditions regarding land area, technical infrastructure, social infrastructure, legal basis for planning and construction, etc., to guide land users in implementing technical infrastructure in accordance with the approved planning and connecting with the existing technical infrastructure of the area.

QUOC ANH