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

Báo Giao thôngBáo Giao thông31/10/2024

Ho Chi Minh City People's Committee stipulates the minimum area allowed for land division in the area is from 36m2 - 80m2.


On October 31, Vice Chairman of Ho Chi Minh City People's Committee Bui Xuan Cuong signed and issued a decision on conditions for land division, conditions for land consolidation and minimum area for land division in the area.

This Decision takes effect from today (October 31) and replaces Decision No. 60/2017 previously regulating the minimum area for land division.

Quy định mới về tách thửa ở TP.HCM, tối thiểu 36m2- Ảnh 1.

Ho Chi Minh City regulates the minimum area for land division in different areas. Photo: My Quynh

Specifically, area 1 includes districts 1, 3, 4, 5, 6, 8, 10, 11, Go Vap, Binh Thanh, Phu Nhuan, Tan Binh and Tan Phu: The minimum area for land division is 36m2, with the frontage width and land depth not less than 3m.

Area 2 includes District 7, District 12, Binh Tan, Thu Duc City and towns of districts: Minimum area is 50m2, with frontage width and plot depth not less than 4m.

Area 3 includes Binh Chanh, Nha Be, Cu Chi, Hoc Mon, Can Gio districts (except towns): Minimum area is 80m2, with frontage width and plot depth not less than 5m.

For agricultural land, the minimum area for subdivision of land for annual crops and other agricultural land is 500m2; land for perennial crops, aquaculture land, salt-making land, and concentrated livestock land is 1,000m2.

According to the City People's Committee, the subjects of this decision include organizations, households, and individuals who have the need, rights, and obligations related to the implementation of land division and land consolidation procedures. State agencies have the authority to carry out procedures for land division and land consolidation according to the provisions of law.

Quy định mới về tách thửa ở TP.HCM, tối thiểu 36m2- Ảnh 2.

The minimum area allowed for land division in 5 suburban districts (except towns) is 80 square meters. Photo: My Quynh

Cases not subject to this decision include the sale of state-owned houses according to Government regulations; land donated to the State, land donated to households and individuals to build charity houses, gratitude houses, and solidarity houses; land separation and consolidation to implement projects according to regulations of law on investment and public investment; for areas with detailed planning 1/500; 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 no implementation has been made.

Ho Chi Minh City People's Committee noted that land division and land consolidation must ensure the principles and conditions stipulated in Clause 1, Clause 2 and Clause 3, Article 220 of the Land Law.

In case the land user reserves a part of the land plot area for a walkway, that walkway shall be agreed upon by the parties and the People's Committee of the district, town and Thu Duc City shall be responsible for considering the actual situation in the locality to consider whether the walkway agreed upon by the parties ensures fire prevention and fighting, water supply and drainage systems, and electricity to obtain approval before implementing the land plot separation or land plot consolidation.

The land area determined to be used as a walkway for multiple plots of land (2 plots or more) will be converted to a common use form on the land use rights certificate and property ownership rights attached to the land.

As for the dossiers on land division and land consolidation that have been received by the competent authority but have not been resolved by the competent authority before the effective date of the 2024 Land Law, the amended Land Law and a number of articles of the 2024 Land Law and this Decision, the competent authority shall base on the provisions of Clause 2, Article 256 of the 2024 Land Law and Decision No. 60/2017 of the City People's Committee stipulating the minimum area for land division.

Previously, the Ho Chi Minh City People's Committee also issued Decision No. 83/2024, regulating the determination of 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 Ho Chi Minh City.

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

The above regulation applies except in cases where investors aim to resettle with land in communes, towns, and districts of Ho Chi Minh City, ensuring the conditions prescribed by the Law on Real Estate Business 2023 and the Land Law 2024.



Source: https://www.baogiaothong.vn/quy-dinh-moi-ve-tach-thua-o-tphcm-toi-thieu-36m2-192241031113736714.htm

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