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Stop separating parcels to prevent land fever: Only a temporary solution

Before the situation of “land fever” returned, many localities had “taken action” to prevent it by first stopping the division of plots and land parcels, but this is not the optimal solution.

nguyen thanh ha

Lawyer Nguyen Thanh Ha – Chairman of Law Firm SBLaw

Talking to the Business Forum, lawyer Nguyen Thanh Ha – Chairman of SBLaw Law Firm said that it is necessary to impose strict sanctions on the management of subdivisions for sale of plots instead of prohibition.

Loopholes in Land Law

– Many people think that subdivision is the “root” of land fever, from a legal perspective, what do you think?

Lot split-lot division is a form of dividing the parcel of land into many different small-sized land lots from a large-area lot. Depending on the purpose of the person carrying out the procedures for splitting the parcel, the parcel of land will be split according to different areas but must meet the provisions of the law on the separation of parcels of land. (Note that the subdivision of the land plot is different from the subdivision of the project ground plot).

From a legal perspective, the regulations on small-scale real estate business are still inadequate, so there is still the phenomenon of organizations and individuals who do not set up real estate businesses but have bought and sold real estate. Real estate has great value, bought and sold many times, in some cases bought and collected land and then divided land plots for transfer without implementing project investment procedures.

Currently, Decree No. 02/2022/ND-CP dated January 6, 2022 of the Government has just issued detailed regulations on the implementation of a number of articles of the Law on Real Estate Business, effective from March 1, 2020. 2022 has stipulated that organizations and individuals dealing in real estate must meet the following conditions: Must establish an enterprise according to the provisions of the law on enterprises or cooperatives.

However, the above Decree stipulates that “organizations, households and individuals sell, transfer, lease, lease-purchase real estate on a small scale, infrequently”, but there is no specific quantification of “usually”. often” or “infrequently”.

Moreover, the division of plots, subdivision of plots for sale can be seen as a type of “circumvention of the law”. Article 41, Decree 43/2013 of the Government clearly stipulates the conditions for transferring land use rights in investment projects, construction and business of houses for sale or for sale in combination with lease, then “individual users Land does not divide plots for sale, but only the owners of construction projects can do this”.

– Is the fact that the localities have recently paused the separation of land plots the optimal solution, sir?

Pausing subdivision and subdivision is correct, but only temporarily in order to prevent this phenomenon from happening. If there is no detailed regulation, it will both affect the legitimate interests of the people to separate the plots and build, as well as not be able to control the investor’s arbitrary division of plots.

phan lo ban nen

Subdivision of plots for sale needs to have a mechanism to manage instead of banning it

Existing land laws and guidelines are creating different interpretations. In some provinces, they must base themselves on the land use planning and specific local conditions to issue regulations on the conditions for the separation of plots and the minimum area to be divided. There are provinces based on specific local conditions.

Basic solution

– According to the lawyer, how should the problem of preventing the widespread sale of plots be “solved”?

The nature of subdivision and sale of plots, if the planning is complied with, will increase state budget revenue and be a condition for improving the face of the city. Instead of us building fragmented housing projects, state agencies can control the style, color, and unification of the landscape.

The subdivision and sale of plots can be done outside design planning, while the inside is reserved for each individual. The State strictly regulates the subdivision of plots for sale of plots in each project, but must comply with the provisions of the law.

In addition, in land management, it is necessary to impose strict management sanctions instead of prohibitions. If you make a mistake, you need to tighten your management so that you don’t dare to violate it again. It is necessary to introduce strict regulations to regulate by legal regulations.

From a legal perspective, I have suggestions: First, it is necessary to improve and adjust the special laws of the Land Law, the Law on Real Estate Business, which clearly regulates this form of purchase and sale.

Second, the division of plots and land sales should be based on a project, 1/500 planning, and infrastructure appraised by specialized agencies.

Third, increase the application of the mechanism of subdivision and sale of plots for land plots in rural areas or with economic difficulties. Applying enhanced conditions for subjects participating in the purchase and sale of land plots.

Fourth, the management of subdivision of plots, plots and plots according to the approved planning requires a mechanism to control and monitor whether the decision and planning are correct.

– Thank you for your sharing!

According to DDDN

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