Voters of Delegation Groups No. 12, 17, 25, 28 proposed that the City People's Committee study and adjust Decision No. 61/2024/QD-UBND dated September 27, 2024 of the Hanoi City People's Committee on the content of conditions for land separation.
Voters proposed changing the conditions for land plot separation in the commune from a 5m frontage, 80m2 area to a minimum 4m frontage, minimum 50m2 area. Along with that, it is necessary to have regulations for existing land plots in urban areas to create conditions for people to separate plots and inherit for relatives.
Along with that, voters proposed to re-determine the residential land area for the land area used before July 1, 2004.
Regarding the content of voters' petitions, Hanoi City People's Committee said that regarding the conditions for land plot separation, on May 5, 2024, the City People's Committee issued Decision No. 2354/QD-UBND approving the Plan to implement the Land Law No. 31/2024/QH15. Accordingly, the Department of Natural Resources and Environment (formerly) was assigned to preside over the study and advise the City People's Committee to issue a decision of the City People's Committee regulating a number of contents under the authority of the City People's Committee in the field of land in the city.
The Department of Natural Resources and Environment builds according to the correct order and procedures of law, in the draft there are regulations that the separation of land plots for residential land plots must ensure the principles and conditions specified in Article 220 of the Land Law and the following conditions: For the area of communes in the delta region, land plots after separation must ensure at least 80m2 or more, length (depth) compared to the red line boundary from 4m or more, width of the edge adjacent to existing public transport roads or walkways formed when plot separation is from 5m or more; if leaving alleys, the cross-section width is from 4m or more for communes.
Regarding the conditions and minimum area for land plot separation and land plot consolidation, the Department of Natural Resources and Environment builds on the basis of inheriting Decision No. 20/2017/QD-UBND dated June 1, 2017 of the City People's Committee and adjusting the conditions on the length of the plot edge, and the minimum area allowed for land plot separation.
According to the National Housing Development Strategy for the period 2021–2030 approved by the Prime Minister in Decision No. 2161/QD-TTg dated December 22, 2021, the goal of housing area development is as follows:
- By 2025, the average housing area per capita nationwide strives to reach about 27m2 of floor space per person, of which the average housing area per capita in urban areas reaches 28m2 of floor space per person and in rural areas reaches 26m2 of floor space per person.
- By 2030, the average housing area per capita nationwide strives to reach about 30m2 of floor space per person, of which: the average housing area per capita in urban areas reaches 32m2 of floor space per person and in rural areas reaches 28m2 of floor space per person.
On average, 1 household will have 2 or more people, so the Department's proposal balances the reality of Hanoi and the Prime Minister's housing area development target.
In addition, the Department studies the regulations of some provinces and cities: Da Nang (minimum 50m2), Ho Chi Minh City (minimum 36m2 for core districts and 50m2 for other districts).
According to population statistics of districts in the city by 2023, Dong Da, Hai Ba Trung, Thanh Xuan districts (formerly) accounted for about 30m2 of land per person; Ba Dinh, Cau Giay, Hoan Kiem districts (formerly) accounted for about 40m2 of land per person; other districts accounted for over 50m2.
The contents that the Department has built are aimed at ensuring the minimum living conditions of people, limiting cases of building extensions to increase the floor area used, leading to increased fire and explosion risks.
According to the National Technical Regulation QCVN 06:2022/BXD dated November 30, 2022 of the Ministry of Construction on fire safety for houses and works, there are regulations on the size of fire truck parking lots: "The clear width of the road surface for fire trucks must not be less than 3.5m". Therefore, the proposal for traffic roads is based on the QCVN 06:2022/BXD regulation and the actual situation of fire prevention and fighting in the city.
Regarding the content of re-determining the residential land area for the land area used before July 1, 2004, the City People's Committee said that the re-determination of the residential land area of households and individuals in cases where residential land plots have gardens, ponds, and residential land that have been granted certificates before July 1, 2004 when land users have needs or when the State recovers land has been specifically and detailedly regulated in Clauses 6, 7, Article 141 of the 2024 Land Law; and Clause 2, Article 20 of Decree No. 49/2026/ND-CP dated January 31, 2026 of the Government.
The City People's Committee requests voters to consider and study the above regulations to implement them according to regulations.
