Change regulations on land division and consolidation to suit the new Dong Nai province

A corner of Bien Hoa city. Photo: H.Loc

This regulation is a tool to help the province closely, transparently and effectively control land management, limit negativity and ensure sustainable development.

More than 16 thousand cases of land division and consolidation

Land division and consolidation are legitimate needs of land users and are permitted by law. Depending on the actual socio -economic and infrastructure conditions, each locality has its own regulations on minimum area and infrastructure accompanying the land plot. The purpose is to ensure that land division and consolidation are consistent with approved land use planning and plans; to avoid speculation, widespread subdivision, and planning violations; and to ensure that land users exercise their legitimate rights, in a transparent and fair manner in handling administrative procedures. Thereby, creating conditions for the formation of residential areas oriented towards urban and rural development.

The provincial leaders requested the Provincial Land Registration Office and local People's Committees to review current regulations and propose appropriate adjustments. The requirement is that new regulations must ensure strictness, both creating convenience for people and management agencies, and at the same time limiting speculation and illegal subdivision and sale of land that disrupts planning.

With those goals, in October 2024, the Provincial People's Committee issued Decision No. 63/2024/QD-UBND specifying the conditions and minimum area for land division and consolidation for each type of land in the province (referred to as Decision 63).

According to Director of the Provincial Land Registration Office Le Thanh Tuan, after about 7 months of implementation, Decision 63 has helped state agencies perform well the task of managing and handling land procedures, while creating conditions for people to exercise their rights according to regulations. Specifically, from November 2024 to the end of May 2025, the Provincial Land Registration Office has received and processed nearly 16,400 land plot division and consolidation dossiers.

Despite positive results, the implementation of Decision 63 still faces some difficulties, especially related to the conditions for land consolidation. Specifically, land plots must have the same purpose of use, term of use and form of land rent payment to be consolidated. In case all three of these conditions are not in sync, it is necessary to carry out the following procedures at the same time: changing the purpose of land use, adjusting the term of land use and changing the form of land rent payment to be able to consolidate the plots. However, the 2025 Land Law and its implementing documents do not specifically stipulate the adjustments to serve the land consolidation procedure, so the unit cannot advise on this content.

Will change accordingly

The main purpose of the regulations on land division and consolidation is to facilitate people to exercise their rights such as: giving, donating, inheriting land, and building houses. However, to avoid the situation of taking advantage of the regulations to illegally divide and sell land plots, distorting policies, it is necessary to tighten land use planning and construction planning; at the same time, issue detailed and clear regulations on the conditions for land division and consolidation.

Real estate project in Long Hung commune, Bien Hoa city. Photo: HOANG LOC

Another reason is that currently, the regulations on land division and consolidation between Dong Nai and Binh Phuoc provinces are still different. For example, Dong Nai stipulates the minimum area after division for urban residential land is 60m² and 80m² in rural areas; while Binh Phuoc province stipulates the corresponding 36m² and 50m². Regarding infrastructure conditions, Dong Nai also specifically stipulates cases where the land plot after division is adjacent to an existing public transport road with a road width of 19m or more or less than 19m, while Binh Phuoc province does not specify.

In order to unify the plan to build regulations suitable for the new Dong Nai province, recently, the Provincial Land Registration Office has worked with the Binh Phuoc Provincial Land Registration Office. On that basis, the unit advised the Department of Agriculture and Environment to complete the draft regulations to submit to the Provincial People's Committee to issue regulations on land division and land consolidation after the administrative apparatus of the new Dong Nai province comes into operation.

According to the draft regulations, the minimum area for land subdivision in wards is 60m², in plain communes is 80m² and in mountainous communes is 100m². For agricultural land, the minimum area for land subdivision is 500m² in wards and 1,000m² in communes.

Regarding the conditions for land consolidation, the draft stipulates two main cases: first, small, narrow land plots managed by the State are allocated or leased to adjacent land users, then the land consolidation procedure must be carried out; second, residential land plots belonging to projects with approved detailed planning or shortened detailed planning, when carrying out land consolidation, must have the consent of the competent authority approving that planning at the time of request.

Vice Chairwoman of the Provincial People's Committee Nguyen Thi Hoang said that in order to ensure uniformity and unity in the implementation of land law regulations in the new Dong Nai province, while facilitating people in exercising land use rights and helping management agencies easily handle administrative procedures, there should be specific regulations on conditions and minimum areas for land division and consolidation according to each type of land.

Hoang Loc

Source: https://baodongnai.com.vn/kinh-te/202506/thay-doi-quy-dinh-ve-tach-thua-hop-thua-dat-phuhop-voi-tinh-dong-nai-moi-47a12e6/