The condition for dividing land plots in Ho Chi Minh City will only need to ensure a minimum area without relying on the 1/2000 and 1/500 planning ratios, according to the latest draft.

The Department of Natural Resources and Environment is currently seeking opinions on the draft regulations for dividing land plots, merging land plots, and the minimum area for division in Ho Chi Minh City under the Land Law 2024.

The new point of this draft is that it has removed the requirement for the 1/2000 planning ratio for land plots under agricultural and existing residential planning, and the 1/500 planning ratio for land plots under new construction planning and mixed-use land (including residential functions). Accordingly, the condition for dividing land plots according to the regulations of the new draft only needs to ensure the minimum area.

Specifically, for land plots in Zone 1, including Districts 1, 3, 4, 5, 6, 8, 10, 11, Go Vap, Binh Thanh, Phu Nhuan, Tan Binh, and Tan Phu; the formed residential land plots and the remaining land plots after division must have a minimum area of 36 square meters, with a frontage width and depth of the land plot not less than 3 meters.

Zone 2, including Districts 7, 12, Binh Tan, Thu Duc City, and townships of other districts, the formed residential land plots and the remaining land plots after division must have a minimum area of 50 square meters, with a frontage width and depth of the land plot not less than 4 meters.

Zone 3, including Binh Chanh, Cu Chi, Hoc Mon, Nha Be, Can Gio (excluding townships), the formed residential land plots and the remaining land plots after division must have a minimum area of 80 square meters, with a frontage width and depth of the land plot not less than 5 meters.

For agricultural land plots, the condition is to meet a minimum area of 500 square meters for annual crop cultivation, other agricultural land, and 1,000 square meters for perennial crop cultivation, aquaculture, salt production, and concentrated animal husbandry land.

       Real estate in the eastern part of Ho Chi Minh City, Thu Duc City.

Besides, the division and consolidation of land must ensure the existence of a pathway; be connected to existing public transportation routes; ensure proper water supply, drainage, and other necessary requirements. In cases where land users allocate a portion of the land for pathways or have a mix of residential and other types of land within the same plot, the purpose of the land use does not need to be changed when carrying out the division or consolidation.

In the previous draft, in order to divide plots with agricultural land and existing residential areas, the conditions for adjusting existing residential land had to comply with the appropriate 1/2000 planning ratio. For newly planned residential land and mixed-use land, it needed to meet the detailed planning ratio of 1/500.

During the social feedback conference on the draft division and consolidation of plots in Ho Chi Minh City in May, experts opposed these conditions. They argued that the requirement for dividing plots with newly planned residential land and mixed-use land based on a 1/500 planning ratio (while the current regulation only requires a 1/2000 planning ratio) is not feasible and not practical. The planning conditions mentioned above seem to address the need for plot division, but in reality, it is difficult to implement with newly planned residential land and mixed-use land.

According to the current regulations (Decision 60), the 1/2000 planning is used to create spatial maps, landscape architecture maps, overall land use maps, transportation planning, technical planning, etc. Based on this planning, investors will create a 1/500 detailed plan for each project, including population, land use, technical infrastructure, architecture, detailed design of each plot, and environmental assessment.

Therefore, the provisions in this latest draft have somewhat “liberated” plot division in the city.

Starting from August 1st, when the new Land Law takes effect, the branches of the land registration office must wait for the Ho Chi Minh City People’s Committee to issue a decision replacing Decision 60 to resolve the files. Currently, the draft decision to replace Decision 60 is still being reviewed by the Department of Natural Resources and Environment of Ho Chi Minh City and will be sent to the Department of Justice for appraisal.

According to the VNEXPRESS.