The People’s Committee of Binh Dinh Province has recently issued new regulations on the conditions and minimum area related to land division and consolidation in the province. These regulations apply to all agencies, organizations, and individuals involved in land management and use.
In the case of subdividing residential land allocated for resettlement, the process can only take place after the approval of the adjusted planning decision by the competent authority. The land plot must not be located in a conservation area or historical-cultural relic site as approved by the state competent authorities according to the law.
Land division and consolidation must comply with the principles and conditions stipulated in the 2024 Land Law.
The People’s Committee also stipulates the minimum area and dimensions for plots after subdivision. Accordingly, residential land in urban areas must have a minimum area of 40 square meters, with a width (frontage) and length (depth) of at least 3 meters. Residential land in rural areas must have a minimum area of 50 square meters, with a width and length of at least 4 meters.
For the remaining agricultural land after determining the residential land area (garden land and ponds within the same land plot with a house), the change of land use purpose to residential land must be done simultaneously with the land division. The area and dimensions of the subdivided land plot for changing the land use purpose must comply with the above minimum size regulations.
Regarding non-agricultural land, the minimum area for subdivision of non-residential land (not belonging to investment projects allocated or leased by the State) is 100 square meters, with a width (frontage) and length of 5 meters or more. The minimum area for subdivision of land in investment projects shall comply with the investment policy decisions and detailed construction planning at a scale of 1/500 approved by the competent state authorities.
Additionally, the People’s Committee has specified the minimum area and dimensions for agricultural land after subdivision, such as land for annual crops and salt production, which is 500 square meters with a width and length of 5 meters or more. Land for perennial crops and aquatic resource exploitation has a minimum area of 1,000 square meters, with a width and length of 10 meters or more. Land for production forests has a minimum area of 5,000 square meters, with a width and length of 50 meters or more. For concentrated livestock farming land, the user shall subdivide the land according to the investment policy decisions and detailed construction planning at a scale of 1/500 approved by the competent state authorities. For other agricultural land, the user with land origin not belonging to investment projects allocated or leased by the State shall have a minimum area of 500 square meters, with a width and length of 5 meters or more.
Regarding land consolidation, in addition to the common regulations, the consolidated land plots must be adjacent to each other. In cases where a land plot has access to two or more roads and has been approved by the state authorities for subdivision, with each subdivided plot having a different land price and has been converted for residential land use, the land user must pay the difference in land use fees and taxes according to the highest land price (except for cases where the land use right has been transferred to another user).
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The Hanoi People’s Committee is seeking feedback on its draft regulations regarding land division and consolidation. The new regulations outline the conditions for land division and consolidation, including minimum area and size requirements for different types of land within the city. This move is aimed at streamlining the land management process and ensuring efficient and equitable use of land resources in Hanoi. The committee encourages stakeholders to provide their valuable input to refine and finalize these regulations.
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