According to the Department of Natural Resources and Environment (DONRE) of Ho Chi Minh City, the Draft Decision regulating the conditions for plot division and plot consolidation will replace Decision No. 60/2017/QD-UBND dated December 5, 2017 regulating the minimum area for plot division (Decision 60).
After summarizing the land division work in Ho Chi Minh City according to Decision 60 in March 2020, the Department drafted regulations and sent them to departments, branches and People's Committees of districts and Thu Duc City for comments.
Receiving comments from departments and branches, the Department of Natural Resources and Environment has revised the draft many times in the period of 2021-2023. Also according to comments from the Department of Justice, the Department of Natural Resources and Environment has sent the Draft to the Vietnam Fatherland Front Committee of Ho Chi Minh City for comments.
Regarding the progress of implementation up to now, the Department of Natural Resources and Environment is coordinating with the Vietnam Fatherland Front Committee of Ho Chi Minh City to organize social feedback on the Draft before submitting it to the Ho Chi Minh City People's Committee for consideration and decision.
The new land division regulations will ensure people's land use rights.
Previously, Decision 60 regulating the minimum area for land division in Ho Chi Minh City took effect from January 1, 2018. It includes regulations on land division with the formation of roads, agricultural land division, and non-agricultural land division.
However, after Decree No. 148/2020/ND-CP of the Government on amending and supplementing a number of decrees detailing the implementation of the 2013 Land Law took effect from February 8, 2021, the Department of Planning and Architecture of Ho Chi Minh City found that the regulations on land division with the formation of traffic routes in Decision 60 were no longer consistent with this decree.
Therefore, in April 2021, the Department of Planning and Architecture issued an internal instruction document requesting to temporarily stop receiving dossiers to resolve cases of land division while waiting for the adjustment of Decision 60. Since then, Ho Chi Minh City has not yet issued a decision to replace the land division, affecting the land use rights of the people.
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