The Ho Chi Minh City Department of Agriculture and Environment said that it has submitted to the Ho Chi Minh City People's Committee a draft regulation on conditions for land separation and consolidation in the city after the merger, in order to replace the separate regulations applied in Ho Chi Minh City, Binh Duong and Ba Ria - Vung Tau before.
According to the draft, in case the land user reserves a part of the land plot area to make a walkway connecting to public transport roads or is agreed by the adjacent land user to pass through to connect to public transport roads, that walkway is agreed upon by the parties. At the same time, the People's Committees of wards, communes and the Con Dao special zone are responsible for, based on the actual situation, considering whether the walkway agreed upon by the parties ensures escape needs in fire prevention and fighting and construction permits to give approval before carrying out land separation or land consolidation.
The land area identified as a walkway for many land plots (from 2 land plots or more) is converted to the form of common use on the certificate of land use rights, ownership of assets attached to land.
Article 4 of the draft, on "Minimum area for land plot separation" stipulates that newly formed land plots and remaining land plots after land plot separation (excluding the area belonging to the planning of the safety protection corridor of public works, traffic road planning) must ensure the minimum area as follows:
For residential land, it is divided into 2 options. In which, option 1 is divided into 4 areas, in which area 1 has a minimum area of 36m2, with a frontage width and plot depth of no less than 3m. Area 4 has a minimum area of 100m2, with a frontage width and plot depth of no less than 5m.
For option 2, it is divided into 5 areas, of which area 1 has a minimum area of 36m2, with a frontage width and plot depth of no less than 3m. Area 5 has a minimum area of 100m2, with a frontage width and plot depth of no less than 5m.
For agricultural land plots, the minimum area is 500m2 for annual crop land, other agricultural land. And an area of 1,000m2 for perennial crop land, aquaculture land, salt production land, and concentrated livestock land.
Ho Chi Minh City currently has 3 different regulations on land subdivision and consolidation, including: Decision No. 100 (applied to the old Ho Chi Minh City area), Decision No. 38 (applied to the old Binh Duong area) and Decision No. 24 (applied to the old Ba Ria - Vung Tau area).
The simultaneous application of many different documents causes difficulties for state management of land and the implementation of administrative procedures for people.
Therefore, if a common and unified regulation document for the entire Ho Chi Minh City after the merger is not promptly issued, it will lead to a lack of synchronization in implementation for enforcement agencies and affect the legitimate rights of land users in exercising the right to separate and merge land plots.
