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Is it possible to prevent massive subdivision of plots for sale?

The Ho Chi Minh City Real Estate Association (HoREA) has just sent a document to the Prime Minister, the Ministry of Natural Resources and Environment on a proposal to amend the regulations under the Law on Separation of Residential Land parcels, so that the situation of land parcel separation does not occur. Agricultural land, non-agricultural land for subdivision and sale of land is rampant

According to HoREA, from 2017 up to now, in some localities, there have been “dealers”, “land brokers”, “smug businesses” that have repeatedly caused “virtual fevers” in land prices. with the rampant subdivision of plots for sale, has a negative impact on the real estate market and affects social order and safety, one of the reasons may be from the “inadequacy” of some people. provisions under the Law allow “separation of agricultural land, non-agricultural land that is not residential land”.

HoREA found that Decree No. 43/2014/ND-CP at the time of 2014 did not stipulate the minimum area to be divided for each type of land, but only stipulates the order and procedures for the separation of parcels. or land parcels.

It was not until 2017 that Clause 3, Article 2 of Decree 01/2017/ND-CP supplemented with Article 43d of Decree 43/2014/ND-CP that allowed the Provincial People’s Committee to specify the minimum area to be divided for each type of plot. land.

Then, Clause 23, Article 1 of Decree No. 148/2020/ND-CP supplemented with Article 75a of Decree 43/2014/ND-CP, assigning the Provincial People’s Committee to specify conditions for separation of land parcels and conditions for land parcel consolidation on a case-by-case basis. type of land and the minimum area to be divided into parcels for each type of land.

HoREA proposes to amend the regulations on the separation of residential land plots, to avoid the situation of subdivision of plots for sale - Photo 1.

HoREA proposes to amend the regulations on the separation of residential land plots, to avoid widespread subdivision of plots for sale. Photo: VD

Mr. Le Hoang Chau – Chairman of HoREA said that Articles 43d and 75a of Decree 43/2014/ND-CP have led to the situation that localities have split plots for each type of land, including the separation of parcels for agricultural land or other types of land other than residential land.

This has led to the widespread use of land dealers, storks, and businesses to divide plots and sell plots, causing “virtual fevers” in land prices, adversely affecting the real estate market and affecting the real estate market. enjoy social order and safety.

Therefore, HoREA proposes to amend and supplement Article 43d of Decree 43/2014/ND-CP, in the direction: Provincial People’s Committees stipulate the minimum area to be divided for residential land in rural areas and residential land in urban areas. market to suit specific local conditions.

In case there is an area of ​​agricultural land, non-agricultural land that is not residential land interspersed in the same residential land plot, or a parcel of agricultural land, non-residential agricultural land is interspersed with urban land For rural residential areas, the case-by-case shall be considered on a case-by-case basis to resolve the change of land use purpose of the entire land parcel or part of it to residential land, concurrently with the separation of the land parcel and fulfillment of financial obligations. , pay land use fees.

In addition, HoREA also proposes to amend and supplement Article 75a of Decree No. 43/2014/ND-CP as follows: Provincial People’s Committees shall base themselves on master plans, land use plans, detailed construction plannings and conditions. to specify conditions for separation of residential land parcels, conditions for consolidation of residential land plots in rural and urban areas, and minimum area to be divided for residential land in rural areas or residential land in urban areas. .

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