Need to consider carefully
Speaking to Lao Dong Newspaper, Master, Lawyer Pham Thanh Tuan (Hanoi Bar Association) said that from the perspective of urban management, raising the conditions for land division as in the draft aims to reduce pressure on the already overloaded technical and social infrastructure system in the capital; aiming at sustainable development factors, avoiding disrupting the general planning or causing imbalances in technical and social infrastructure.
However, Hanoi is a densely populated urban area with limited land in the inner city. Requiring that the land plots after separation must be no smaller than 50m2, longer than 4m and wider than 4m adjacent to the road will affect many people. This is an aspect that the management agency needs to consider carefully.
Currently, land division is only assessed from the perspective of technical conditions (such as total area, frontage width, length, etc.) without considering the origin of the land and the land user.
"In my opinion, the technical criteria for land division (minimum area of 30m2, sides of 3m or more) can still be kept the same as the previous regulations. However, one option that can be considered is that in the case of individuals using land originating from the transfer of another person, the land division can only be done after a certain period of time (for example, 3-5 years from the date of purchase).
On the contrary, for individuals who are using land stably (possibly through inheritance, donation, or land allocation or lease by the State), the restriction on the land division period as proposed above does not apply.
Of course, to implement the above plan, it is necessary to adjust relevant legal regulations, even the land law, which is not the authority of the provincial People's Committee. The above regulation will contribute to both limiting the situation of land division that disrupts urban planning, and not affecting the legitimate rights of people using land" - Lawyer Pham Thanh Tuan said.
Tax - an effective tool to control speculation and subdivision
According to Master, Lawyer Pham Thanh Tuan, tightening the conditions for land division aims to limit widespread, fragmented subdivision, and disruption of planning. The tightening and not allowing subdivision and sale of land is a measure that will have a major impact on the real estate market when the law comes into effect.
This is an important basis to prevent individuals from circumventing the law and doing real estate business under the guise of "dividing individual plots" without affecting the legitimate rights of land users in dividing land plots.
"In the long term, the competent authority should consider issuing a tax on owners of the second property or applying a tax based on the ownership period. People who own many properties will be subject to higher taxes than those who own few.
The shorter the ownership period, the higher the transfer tax and vice versa. In my opinion, tax tools are an effective solution to control the situation of speculation and disguised real estate subdivision" - Lawyer Pham Thanh Tuan suggested.
Hanoi is seeking opinions on a draft regulation on conditions for land division and consolidation, and the minimum area and size for each type of land. Accordingly, if the land division does not create a new path in a ward or town, the land must have an area of not less than 50 square meters, a length of over 4 meters, and a width adjacent to a traffic road of 4 meters or more.
Currently, land division in Hanoi is applied according to Decision No. 20/2017. Accordingly, the land plot after division must have a minimum area of 30 m2 for wards and towns and not less than 50% of the new land allocation limit (minimum) for the remaining areas.
