The Ho Chi Minh City Department of Construction is seeking opinions on the draft Resolution of the Ho Chi Minh City People's Council stipulating some revenues from the exploitation and use of underground spaces and low-lying spaces in the area.
According to the draft, for land for underground construction works attached to above-ground works and located within the boundaries of land allocated by the State with land use fees or land lease, financial obligations are implemented in accordance with the provisions of land law.
Notably, for independent underground works or part of underground works exceeding the land area for building works on the ground, Ho Chi Minh City proposes a collection level based on depth and purpose of use.
For areas located at a depth of 0 - 15 m, independent underground works used as parking lots or serving other functions not for commercial or service purposes will be exempt from land rent.
Meanwhile, if used for commercial and service business, the investor must pay land rent. In case of annual rent payment, the proposed land rent unit price is 20% of the surface land rent unit price for the same purpose of use. If land rent is paid once for the entire lease term, the proposed unit price is 30% of the surface land rent unit price, for the same purpose and term of use.
For the underground construction part beyond the boundary of the land area on the ground, if used for parking purposes or non-commercial and service functions, the expected land lease unit price is only 10% of the surface unit price.
In particular, for the area of underground works located more than 15 m deep, the draft proposes land rent exemption. This policy aims to compensate for part of the investment, construction and operation costs of underground works, which are higher than on-ground works, thereby creating motivation to exploit underground space.
According to the Department of Construction, Ho Chi Minh City is a special urban area with high population density and rapid urbanization, while land funds on the ground are increasingly limited. The need for development of transportation, technical infrastructure, commerce, services, parking lots and public spaces is therefore increasing.
In that context, in-depth urban development, especially linking underground space with the public transport system and urban railways, is considered a necessary direction.
In fact, many types of underground works have been and will be developed in Ho Chi Minh City such as underground parking lots, underground walkways, basements, tunnels and works connected to metro stations, public parking lots.
These projects both create economic value for organizations and individuals, and use public infrastructure and generate management, operation, maintenance, and repair costs.
Decision No. 09/2025/QD-UBND has created a basis for determining land rent for land leased by the State to build independent underground works. However, before the new requirements of the Urban Development Law, Ho Chi Minh City believes that there should be more unified regulations for types of underground works, especially works beyond the land boundaries assigned or leased.
Currently, Ho Chi Minh City is planning to build an underground project under 23/9 Park with an area of more than 82,000m2, a maximum of 4 basements, a total floor area of about 317,867m2. Of which, more than 146,940m2 is for parking, more than 26,273m2 for the station space and about 144,653m2 for commercial and service centers.
In addition, the Ton Duc Thang street area will develop underground space associated with traffic, parking lots and service functions.
