The Provincial People's Committee eligible to regulate the area to be divided into plots for trade in Vietnam

The Provincial People's Committee eligible to regulate the area to be divided into plots for trade in Vietnam (Internet image)

What is land subdivision?

There are currently no specific regulations on the concept of subdividing plots for sale. However, this term is widely used in the real estate business.

In the spirit of the law on real estate, including the Land Law 2013 and Decree 148/2020/ND-CP, subdividing plots for sale can be understood as dividing land plots for the purpose of transferring certain areas to other organizations and individuals according to specific planning when there is no construction and no assets attached to land on that area.

Subdivision and trade of unqualified land will result in a fine of up to 1 billion VND

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The Provincial People's Committee is allowed to regulate the area to be divided into plots for sale

Pursuant to the content specified in Clause 2, Clause 3, Clause 4, Clause 5, Clause 6 of Article 4 of Decree 11/2013/ND-CP and Clause 4, Article 4 of Decree 35/2023/ND-CP, regulations on land for urban development investment are as follows:

- Provincial People's Committee, based on urban planning, urban development programs, and urban development area implementation plans, has been approved by the competent authority and is responsible for directing the organization of creating land funds for urban development investment projects in the announced urban development areas.

- Provincial People's Committees and District People's Committees, according to decentralization, are responsible for organizing or guiding investors to carry out compensation, support, and resettlement upon land recovery.
according to the provisions of land law.

- Land allocation and land leases for urban development investment are carried out based on the results of investor selection through the forms of appointment, bidding, land allocation for social housing construction, or auction, according to the regulations of the Law.

- The recovery of all or part of the allocated or leased land for urban development investment projects that are not implemented or are behind schedule is carried out in accordance with the provisions of land law.

- Land for the construction of social housing and resettlement housing must be determined immediately when preparing and approving the zoning plan and detailed planning.

- The Provincial People's Committee specifically stipulates areas where land use rights can be transferred in the form of dividing lots and selling plots for people to build their own houses according to the approved detailed planning of the project, meeting the legal regulations on land, housing, real estate business, and the following regulations:

+ The project is suitable for all levels of urban planning; has completed investment in infrastructure construction of the entire project or according to approved investment phases; Housing construction must ensure compliance with approved project content and progress;

+ Not in an area with high management requirements for landscape architecture and road frontage at regional level or higher and main landscape routes in urban areas, central areas, and around buildings that are architectural highlights in the city.

+ Provincial People's Committees, based on urban planning, urban development programs for each urban area, and approved architectural management regulations and national technical regulations on construction, infrastructure, and urban planning to specifically regulate the areas where land use rights can be transferred in the form of dividing and selling plots so people can build their own houses.

Nguyen Pham Nhut Tan

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