Building a house on agricultural land
In recent years, the situation of land division in Ben Tre has been happening massively. In Ba Tri district (Ben Tre province), recently, the Inspectorate of this district discovered 6 areas in Ba Tri town, including 9 plots of land initially divided into 69 new plots of land, with a total area of 17,159.2m2.
Through inspection, all 6 areas of land division have been leveled, of which, 4 areas have been leveled before 2016 and 2 areas have been leveled in 2021, 19 houses have been completed, including 15 houses built before 2020 and 4 houses built in 2023 - 2024. Of which, there are 5 houses built on residential land, 4 houses built on perennial land and 10 houses built on agricultural land.
According to the Ba Tri District Inspectorate, the Ba Tri District Land Registration Office Branch's measurement of the plot without the full participation of a tour guide is not in accordance with regulations. The Land - Construction civil servant of the People's Committee of Ba Tri town did not participate in fully recording the plots of land that were measured and separated but signed their names in the land and commune-etown civil servant section in the description of the boundary and boundary markers of the land plot, which is not in accordance with the duties of the Land - Construction civil servant according to regulations. This has led to a failure to promptly detect and advise on preventing and handling illegal leveling on agricultural land and using land for the wrong purpose.
In Chau Thanh district (Ben Tre province), as reported by Lao Dong Newspaper, according to the inspection conclusion of Ben Tre Provincial Inspectorate, from 2012 to present, 144 areas have arisen in the district where land users have divided plots, divided plots, and sold plots. From 206 plots of land, the initial plot was divided into 3,596 plots, with a total area of 552,937.49 m2. Of which, 2,912 floors have been leveled, 668 houses and 47 houses have been built unfinished on most of the agricultural land.
Also according to the Inspection Conclusion of Ben Tre Provincial Inspectorate, out of 144 spontaneous subdivision areas, there are up to 105 subdivision areas that are not in accordance with planning and land use plans; 8 subdivision areas are partially in accordance with planning and land use plans and 31 subdivision areas are in accordance with planning and land use plans.
Tightening conditions for land division
On October 24, 2024, the People's Committee of Ben Tre province issued Decision No. 45 on regulations on conditions for land division, land consolidation, and minimum area for land division for each type of land in Ben Tre province.
Accordingly, in addition to the provisions in Points a, b, c, Clause 1, Clause 2 and Clause 3, Article 220 of the 2024 Land Law, the separation and consolidation of land plots in Ben Tre province must ensure the following conditions: the land plot has not yet had a decision to reclaim land, the land reclamation notice must be stated in writing from the competent authority, the land plot is not in a conservation area approved by the competent state agency for the list of land to be preserved according to legal regulations, the land plots proposed for consolidation must be with the land user and must be adjacent to the boundary of the field and on the cadastral map, the land plot formed from the separation and consolidation must have a minimum area, size and other conditions (except for cases specified in Article 5 of this Decision).
The minimum area and size of the plots of land after division after deducting the area of land in the safety protection corridor of public works (including traffic works, irrigation works, dykes, power transmission systems) are as follows:
First, the minimum area allowed for land division in wards is 36 m2, in towns is 40 m2 and in communes is 50 m2. The plots of land after division must ensure access, connection to existing public transport routes, and ensure water supply and drainage. The plots of land after division must have edges adjacent to the path and the depth of the plot of land is greater than or equal to 4 meters.
Second, the minimum area allowed for land division for agricultural land in wards and towns is 300 m2 and in communes is 500 m2.
Third, the minimum area allowed for land division for non-agricultural land (not residential land) after division must ensure a path; be connected to existing public transport routes; ensure water supply and drainage.
Non-agricultural land includes commercial and service land; non-agricultural production land and remaining non-agricultural land. Accordingly, for the minimum area allowed for land division for commercial, service land and non-agricultural production land, the area must comply with the approved detailed construction plan. In case the land plot is located in an area where a detailed construction plan has not been established or approved, the land plots after division must ensure a minimum area of 100 m2 in the ward, 200 m2 in the town and 300 m2 in the commune. The plots of land after division must have edges adjacent to the path and the depth of the plot of land is greater than or equal to 4m.
For the remaining non-agricultural land, the specific basis is the investment project, the investment policy has been approved by the competent state agency.
