The Ho Chi Minh City Department of Agriculture and Environment has just received a letter asking about the content of separating mixed land plots in the city and has a written response to people's opinions.
In which, people believe that the situation of mixed land (residential and agricultural land) in the North and East of Ho Chi Minh City is still quite common. The application of both criteria for residential land and agricultural land when people register for land separation of mixed land will significantly limit the legitimate land separation needs of people.
For example, there are many cases where the residential land area meets the conditions for land separation, but the agricultural land area is not sufficient, so it is not possible to separate the land into an independent land register, and if it is converted to all residential land, it will cost too much.
This loses the legitimate rights of people when they need to separate plots for division, donate land to children, or transfer a part when facing financial difficulties...
The Ho Chi Minh City Department of Agriculture and Environment said that on August 28, the Ho Chi Minh City People's Committee issued a document regulating the conditions for land separation, land consolidation and the minimum area for land separation in the area. In which, Article 4 of Decision 67/2026/QD-UBND stipulates the minimum area for residential land and agricultural land.
At the same time, Clause 4, Article 220 of the 2024 Land Law stipulates: "Provincial People's Committees shall base on Clauses 1, 2, 3 of these articles, relevant legal regulations and local customs and habits to specifically stipulate the conditions and minimum area for land separation and land consolidation for each type of land".
Regarding the separation of mixed land plots, people have the right to choose land plots (residential land or agricultural land) to be separated, but must ensure the minimum area according to regulations after separation (excluding the area belonging to the planning of the safety corridor for public works, traffic road planning).
Thus, it is only considered to ensure the minimum area for the land plot that people propose to separate due to the formation of a new land plot, while the land plot that people do not propose to separate is not considered.
In case people request land separation for both residential and agricultural land plots, it is necessary to consider ensuring the minimum area for each type of land.
