The Ho Chi Minh City People's Committee has just issued Decision No. 83/2024 on regulations on determining areas where investors of real estate projects and housing construction investment projects are allowed to transfer land use rights with technical infrastructure to organizations and individuals who build their own houses in the area. The regulation takes effect from October 21.

Ho Chi Minh City stipulates that investors in 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.

Thus, the above decision stipulates that project investors throughout Ho Chi Minh City are not allowed to divide and sell plots of land in the project to organizations and individuals to build their own houses, including all 5 districts of Binh Chanh, Nha Be, Hoc Mon, Cu Chi and Can Gio.

The Ho Chi Minh City People's Committee stated that in the process of organizing the implementation of the decision, if there are any difficulties or problems beyond their authority, relevant agencies, units, organizations and individuals should promptly report to the Department of Construction for synthesis and submission to the City People's Committee for consideration and direction, or appropriate amendments and supplements.

Ho Chi Minh City has announced a draft banning the subdivision and sale of land in 5 suburban districts (Binh Chanh, Nha Be, Hoc Mon, Cu Chi, Can Gio) and has received many opposing opinions. Mr. Le Hoang Chau - Chairman of the Ho Chi Minh City Real Estate Association (HoREA) said that the ban on the subdivision and sale of land in these 5 districts is not in accordance with the provisions of the Law on Real Estate Business 2023.

Because according to this law, Ho Chi Minh City is a special urban area, only in cases where land is located in wards, districts, and cities of special urban areas including 16 districts and Thu Duc City, real estate and housing project investors are not allowed to transfer land use rights with technical infrastructure to individuals to build their own houses.

For the 5 outlying districts, the Association found that people have a need to receive the transfer of land use rights with technical infrastructure in real estate and housing projects to build their own houses. Therefore, HoREA requested the Department of Construction to consider.