Regulations on a number of contents in the field of land in Hanoi City signed and issued by Chairman of Hanoi People’s Committee Tran Sy Thanh, specifically for residential land located in wards and towns to If the plot is divided, the area must not be less than 50 m2length over 4 m and width adjacent to traffic road from 4 m or more.
For delta communes, the minimum area for plot separation is 80 m2midland communes 100 m2and in mountainous communes the minimum distance is 150 m2.
In the case of non-agricultural land, the regulations apply to land plots that are not allocated or leased by the State for project implementation. In wards and towns, commercial and service land that wants to be subdivided must have a width adjacent to a road of 10 m or more, and a minimum area of 400 m2. For other types of non-agricultural land, the land plot must be over 20 m wide and have a minimum area of 1,000 m2.
In communes, commercial and service land to be subdivided must have an area of not less than 800 m2 and other non-agricultural land not less than 2,000 m2.
In case of agricultural land, the minimum plot separation area from annual crop land is 300 m2 in wards, towns and 500 m2 in communes; Perennial crop land and aquaculture land are 500 m respectively2 in wards, towns and 1,000 m2 in communes. Production forest land can be divided into plots if the area is not less than 5,000 m22.
If the land user wants to reserve a part for a walkway, the land plot must ensure the walkway has a cross-sectional width of 3.5 m or more in wards and towns and 4 m or more in communes. After separation, the land plot must still meet the land type conditions specified in the Land Law.
The decision of the Hanoi People’s Committee also mentions the review and public announcement of the list and process of land allocation and land lease for small, narrow or interspersed plots of land with no connecting roads. managed by the State.
Accordingly, the district-level Department of Natural Resources and Environment will preside over the measurement and identification of these land plots and propose appropriate use plans and report to the district-level People’s Committee. In particular, small, narrow plots of land will be given priority for public purposes. If not suitable, these land plots can be allocated or leased to adjacent land users.
Regarding the recognition of residential land use rights for land plots formed before and after important times, Hanoi stipulates that for land plots formed before December 18, 1980, the area of recognized residential land will be equal to 5 times the maximum residential land allocation limit but not exceeding the actual area.
For land plots formed from December 18, 1980 to before October 15, 1993, the recognition limit will vary depending on the geographical location of the land plot. For example, districts have a limit of 120 m2while in mountainous communes it is 500 m2.
Currently, land division in Hanoi applies according to Decision No. 20/2017. Accordingly, the land plot after division must have a minimum area of 30 m2 with wards and towns and not less than 50% of the new residential land allocation limit for the remaining areas. Thus, from October 7, the minimum residential land plot separation area increased from 30 m2 up 50 m2.