Recently, the People's Committee of Ho Chi Minh City issued Decision No. 60/2017/QD-UBND stipulating the minimum area required for parcel separation. From January 1, 2018, when carrying out procedures for parcel separation, it is necessary to pay attention to the following 4 points:
Article table of contents
1. Allowing the division of agricultural, non-agricultural land parcels that are not homestead land in HCMC
Parcels within the planning area for agricultural production may be divided. The newly formed parcel and the remaining parcel must ensure a minimum area of 500m^2^ for annual cropland, other agricultural land, and 1,000m^2^ for perennial cropland, aquaculture land, and salt production land.
For parcels in areas not suitable for agricultural production and those that need to be reclaimed according to the approved and announced land use plans and plans, division is not allowed.
For non-agricultural land, the resolution of parcel division must be based on the following factors:
- The land use plans approved by the competent authorities;
- Detailed planning for the construction of rural residential areas;
- The land use needs of households and individuals.
2. The minimum area of land that can be divided for homestead land in HCMC is 36m^2^
For homestead land, the minimum land area that can be divided varies depending on the area, specifically regulated as follows:
| Area | The newly formed homestead parcel and the remaining parcel after division |
| Area 1 includes the districts: 1, 3, 4, 5, 6, 8, 10, 11, Go Vap, Binh Thanh, Phu Nhuan, Tan Binh, and Tan Phu. | Minimum 36m^2^ and the frontage width of the parcel is not less than 3m^2^. |
| Area 2 includes the districts: 2, 7, 9, 12, Binh Tan, Thu Duc, and the towns of the counties. | Minimum 50m^2^ and the frontage width of the parcel is not less than 4m^2^. |
| Area 3 includes the counties: Binh Chanh, Cu Chi, Hoc Mon, Nha Be, and Can Gio (except for commune-level towns). | Minimum 80m^2^ and the frontage width of the parcel is not less than 5m^2^. |
However, households and individuals may still divide parcels smaller than the minimum area if the division is accompanied by a request to merge that parcel with an adjacent parcel with the same land use purpose to form a new parcel with an area equal to or bigger than the minimum area divided, in accordance with Decision 60/2017/QD-UBND.
3. Parcels can be divided within the planning after 3 years from the date of planning review
According to Point a, Clause 1, Article 5 Decision 60/2017/QD-UBND, homestead land within the planning, annual land use plan at the district level, and detailed planning for the construction of rural residential areas approved by the competent State agency, determining the parcel within the new homestead land construction planning, mixed-use land, to be reclaimed for project execution, division is not allowed. However:
After 3 years from the date of reviewing these plans, if there is no annual land use plan at the district level or within the district annual land use plan, and without land reclamation announcement or decision, and if the State agency does not adjust, cancel, or if there is adjustment, cancel but not announce the adjustment, cancel the annual district plan, division is allowed.
4. Parcel division applications may be resolved according to Decision 60/2017/QD-UBND
For valid parcel division applications that have not been resolved by January 01, 2018 (the effective date of Decision 60), the provisions in Decision 33/2014/QD-UBND shall be applied to complete the division. If land users wish to execute the divisions according to Decision 60/2017/QD-UBND, they should submit a request to the District, County People's Committee for consideration and resolution.
