Ho Chi Minh City requests guidance on dividing land into plots for sale in suburban districts

Ho Chi Minh City requests guidance on dividing land into plots for sale in suburban districts

The Ho Chi Minh City People’s Committee has just proposed that the Ministry of Justice and Construction provide clear guidance on issues related to the subdivision and sale of land with technical infrastructure at projects in communes, towns and districts.

In this proposal, the Ho Chi Minh City People’s Committee said that according to the provisions of the Law on Real Estate Business 2023 (effective from August 1), land with technical infrastructure in real estate projects that are allowed to be transferred to individuals for self-construction of houses (abbreviated as subdivision and sale of land) must be land not located in wards, districts, or cities of special, type I, type II, and type III urban areas.

In addition, that land is not subject to auction of land use rights for investment in housing construction projects according to the provisions of the Land Law.

 Part of real estate in Nha Be district, August 2022. Photo: Quynh Tran

For the remaining areas, based on local conditions, the Provincial People’s Committee will determine the areas where projects can be established in the form of dividing land into plots and selling them to individuals to build their own houses.

According to the Ho Chi Minh City People’s Committee, the city is now a special urban area, including all districts and affiliated counties. Based on the provisions of the Law on Real Estate Business 2023, wards, districts, and cities in Ho Chi Minh City will not be allowed to establish real estate projects to divide land into plots for sale. However, whether the remaining communes, towns, and districts of Ho Chi Minh City are considered “remaining areas” under the decision-making authority of the City People’s Committee or not.

On that basis, the Ho Chi Minh City People’s Committee proposed that the Ministry of Justice and Construction provide clear instructions for the city to comply with the provisions of the 2023 Law on Real Estate Business.

Administratively, Ho Chi Minh City currently has 22 districts and one city. Of which, there are 5 suburban districts: Binh Chanh, Nha Be, Hoc Mon, Cu Chi and Can Gio with 5 towns and 58 communes. This is still considered the “rural” area of ​​Ho Chi Minh City.

Previously, according to the provisions of the 2014 Law on Real Estate Business, investors in housing construction projects for sale were allowed to transfer land use rights in the form of dividing plots and selling land in areas not located in wards of special-class urban areas and centrally-run type I urban areas.

Accordingly, cases where land plots are not allowed to be divided into very narrow areas are only in the central area and around architectural highlights in the urban area; frontage of regional-level roads and above and main landscape roads in the urban area.

The 2023 Law on Real Estate Business has narrowed the scope of areas permitted to transfer land use rights in the form of subdivision and sale of land plots, as it must ensure that the land is not located in wards, districts, or cities of special-class, class I, class II, and class III urban areas…

Source: Vnexpress.net