Oppose the removal of agricultural land from parcel separation regulations | Finance – Business



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On November 6, the Ho Chi Minh City Real Estate Association (HoREA) sent a document to the Ho Chi Minh City People’s Committee, the Ho Chi Minh City Department of Natural Resources and Environment for comment. on the draft Decision that replaces Decision 60 of the Ho Chi Minh City People’s Committee. regulations on the minimum area to be separated from the plot. Consequently, HoREA agreed with the proposal of the Department of Natural Resources and Environment to deal only with the division of land in urban areas, rural residential land according to planning, land use plan, detailed construction planning . and specific city conditions.

However, as a result of the actual situation of the city, in the districts and towns, the rural residential areas of the districts, there are many parcels of land both residential and surface land. Mixed farming, belonging to existing and stable residential areas, to guarantee the legal and legitimate rights and interests of land users, HoREA proposes to draft a replacement decision (or amendment or supplement) Decision 60 of the Ho Chi City People’s Committee Minh needs to supplement the regulations that allow the procedure to change the purpose of using the land for agricultural land to residential land, then carry out the procedure to allow the division of the parcel.

Specifically, in the case of a parcel of land that is not in the state area to be acquired for investment in accordance with the approved land use plan or plan, the district Popular Committee, based on the needs of the user of the land, consider each in specific cases in order to change the land use purpose of the whole land parcel or a part of the land parcel to residential land, then divide the parcel according to the regulations. After changing the purpose of land use and dividing the parcel, the parcel of land must satisfy the conditions prescribed for the division of the land (similar to the provisions of Point a, Clause 2, Article 3, Decision 33 of the Popular Committee Ho Chi Minh City in the past).

For the case after the division of the residential parcel into smaller residential parcels, the users of each of these parcels voluntarily agree to reserve a part of the area of ​​each parcel for “geographic trips”, including common gateways, water supply, supply of electricity, water drainage … (comply with Article 171 of the Land Law on limited use rights of the adjacent parcel of land), the residential land area of ​​the land parcel is still registered in its entirety, including the area of ​​land used as a “translation pass” in the certificate of land use rights, home ownership and property linked to the land.

HoREA also agreed with the proposal of the Department of Natural Resources and Environment not to stipulate the separation of the parcel for agricultural land and other types of land, eliminating the regulations on new-built land under land use, mixed-use land. (including the function of residential land), abolishing the regulations on the separation of parcels that form roads in the Decision to replace (or amend, supplement) Decision 60 of the Ho Chi Minh City People’s Committee.
At the same time, to guarantee the legal and legitimate rights and interests of land users, agricultural land users who have the need to invest in the development of high-tech agricultural production, have the need to build works. serving agricultural production on farmland; If a residential land user has the need to divide the parcel, but the parcel has a transit route, HoREA suggests that, in these cases, the land user should prepare an investment project and present it to the competent authority. consider decisions in accordance with investment law, land law, construction law, housing law, and real estate law.




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