Remove planning conditions in draft regulations on land division

Ho Chi Minh City: Remove planning conditions in draft regulations on land division

Compared to the draft regulations on land division that were previously put out for consultation, this draft has major changes, notably the removal of planning conditions.

Specifically, the Draft Regulations on land division and consolidation in Ho Chi Minh City according to the 2024 Land Law has removed the planning conditions at a scale of 1/2000 and a scale of 1/500. This draft only stipulates land division for two types of land: agricultural land and residential land. The necessary condition for land division is to ensure a minimum area.

At the same time, land division and land consolidation must ensure access; be connected to existing public transport routes; ensure water supply, drainage and other necessary needs in a reasonable manner.

In case a land user reserves a part of the area of a residential land plot or a land plot with residential land and other land in the same land plot for a walkway, when separating or merging land plots, it is not necessary to change the land use purpose for the land area used for that walkway.

This draft only stipulates the division of plots of land into two types: agricultural land and residential land. (Photo: Le Toan)

In the previous draft, to separate agricultural land, existing residential land, and existing residential land for renovation, it was necessary to ensure conditions consistent with the 1/2000 scale planning. As for newly built residential land and mixed land, it was necessary to meet the detailed 1/500 scale planning.

According to experts, the drafting agency's regulation of "binding" planning conditions is no different from prohibiting land division and is not in accordance with the provisions of the Land Law.

However, commenting on the draft regulation on new land division, lawyer Nguyen Van Hau, Deputy Head of the Ho Chi Minh City Bar Association, said that the content of this regulation is consistent with the provisions of the 2024 Land Law and Decree 101/2024/ND-CP guiding the 2024 Land Law on the content of land division and consolidation.

This draft regulation does not classify newly built residential land and mixed land, which are concepts that are not regulated by law, especially the Land Law. At the same time, this draft also does not "bind" the planning conditions for land division.

“Compared to the previous draft regulations on land division, this draft is in line with the spirit of the Land Law and is suitable for the people’s land division needs. Thus, the opposing opinions at the previous conference have been accepted by the drafting agency,” said lawyer Hau.

Some other experts also said that, in addition to the minimum area requirement, this draft requires that land division and land consolidation must ensure access. Be connected to existing public transport routes. Ensure water supply, drainage and other necessary needs in a reasonable manner... The above conditions are suitable for the actual situation.

Regarding the minimum area for land division. For agricultural land: 500 m2 for land for annual crops, other agricultural land. 1,000 m2 for land for perennial crops, aquaculture land, salt making land, concentrated livestock land.

For residential land, the regulations divide it into 3 areas with conditions on minimum area, frontage width and plot depth.

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 formed residential land plot and the remaining residential land plot after the subdivision must have a minimum area of 36 m2, with a frontage width and a depth of not less than 3 m.

Area 2 includes districts: 7, 12, Binh Tan, Thu Duc City and towns of the districts. The formed residential land plot and the remaining residential land plot after the subdivision must have a minimum area of 50m2, with a frontage width and a depth of not less than 4m.

Area 3 includes districts such as: Binh Chanh, Cu Chi, Hoc Hon, Nha Be, Can Gio (except towns). The formed residential land plot and the remaining residential land plot after separation must have a minimum area of 80 m2, with a frontage width and a depth of not less than 5 m.

Source: https://baodautu.vn/batdongsan/tphcm-bo-dieu-kien-ve-quy-hoach-trong-du-thao-quy-dinh-tach-thua-d224412.html