The Ho Chi Minh City People's Committee has just issued Decision No. 100 regulating the conditions for land division and consolidation and the minimum area for land division. According to this regulation, land division and consolidation must ensure the principles and conditions stipulated in Clause 1, Clause 2 and Clause 3, Article 220 of the Land Law.
Accordingly, land that is divided or merged must have access; be connected to existing public transport routes; and ensure water supply, drainage and other necessary needs in a reasonable manner.
In case a land user reserves a part of the area of a residential land plot or a land plot with residential land and other land in the same land plot for a walkway, when separating or merging land plots, it is not necessary to change the land use purpose for the land area used for that walkway.
In case the land user reserves a part of the land plot area for a walkway, that walkway shall be agreed upon by the parties and the People's Committee of the district, town and Thu Duc City shall be responsible for considering the actual situation in the locality to consider whether the walkway agreed upon by the parties ensures fire prevention and fighting, water supply and drainage systems, and electricity to obtain approval before implementing the land plot separation or land plot consolidation.
The land area determined to be used as a walkway for multiple plots of land (2 plots or more) will be converted to a common use form on the land use rights certificate and property ownership rights attached to the land.
Also according to this regulation, for residential land, the regulation divides it into 3 areas with the condition that the minimum area is 36m2 and the frontage width and depth of the land plot is not less than 3m. In suburban districts, the minimum area for land division is 80m2, the frontage width and depth of the land plot is not less than 5m.
For land division and land consolidation dossiers that have been received by competent authorities, but have not been resolved by competent authorities before the effective date of the 2024 Land Law and this Decision, competent authorities shall base on the provisions of Clause 2, Article 256 of the 2024 Land Law and Decision No. 60/2017 to implement.
This new regulation has really resolved the frustrations of the people over the past years. Previously, the division of land plots to form traffic routes in Ho Chi Minh City had been "congested" since April 2021, after the Department of Planning and Architecture requested a temporary suspension. Ho Chi Minh City leaders repeatedly directed the early completion and submission of the draft for consideration of the issuance of a decision to replace Decision 60, but it took more than 3 years to be issued.
