In order to concretize and implement the new land policy as prescribed by the Vietnamese Land Law 2024, Hanoi People's Committee has promulgated Decision No. 61/2024/QD-UBND on September 27, 2024 (“Decision No. 61”), which regulates several land-related matters within Hanoi. ATA Legal Services has summarized the key highlights of this decision as follows:
1. Adjustments to residential land allocation quotas for individuals in urban and rural settings.
In response to the current land supply and demand in Hanoi, Decision No. 61 has revised the land area limits for individual residential plots in both urban and rural areas. Compared to Decision No. 20/2017/QD-UBND (Decision No. 20), which previously governed land allocation limits, land use rights recognition, and minimum plot sizes, Decision 61 introduces several significant changes. Specifically:
|
Areas |
Land allocation quota |
|
|
Decision No. 20 |
Decision No. 61 |
|
|
Wards |
30 m²~90 m² |
50 m²~90 m² |
|
Towns |
60 m²~120 m² |
50 m²~90 m² |
|
Communes border districts |
60 m²~120 m² |
Decision 61 has simplified the classification criteria for communes. They are now classified only by their geographical location: lowland, midland, or mountainous. |
|
Delta communes |
80 m²~180 m² |
Unaltered |
|
Communes in the midland region |
120 m²~240 m² |
|
|
Mountainous communes |
150 m²~300 m² |
|
2. Raising the minimum plot size for subdividing residential land, and introducing new regulations for subdividing non-agricultural and agricultural land:
Hanoi People’s Committee has amended regulations to increase the minimum land area for subdivision and to add new conditions for subdividing agricultural and other non-agricultural land, aiming to curb the uncontrolled division of land and protect urban planning.
a. For residential land:
Previously, Decision No. 20 allowed for the subdivision of plots with a minimum area of 30 square meters in wards and towns, and not less than 50% of the new minimum land allocation limit for other areas; at the same time, the plots only needed to meet the requirements of a minimum frontage and depth of 3 meters.
Decision 61 has set new, more stringent requirements for plot size and dimensions for subdivision, increasing the minimum plot size and dimensions for each zone as follows:
|
Areas |
Length (depth) in relation to the red-line boundary |
The width of the side of the plot that abuts the existing public road or the newly created access road resulting from the subdivision |
Land exceeding the red-line boundary |
|
Wards, Towns |
From 4m or more |
Từ 4m trở lên |
Not less than 50m² |
|
The Delta communes |
From 4m or more |
From 5m or more |
Not less than 80m² |
|
Communes in the midland region |
From 4m or more |
From 5m or more |
Not less than 100m² |
|
Mountainous communes |
From 4m or more |
From 6m or more |
Not less than 150m² |
b. For non-agricultural land and agricultural land:
- Non-agricultural land: Đất phi nông nghiệp:
|
Areas |
Type |
Length (depth) in relation to the red line |
The width of the side that abuts the existing public road or the passageway created as a result of the subdivision |
Land exceeding the red-line boundary |
|
Wards, Towns |
Land Used for Trading and Services |
From 4m or more |
From 10m or more |
Not less than 400m² |
|
Non-Agricultural Land (exceed the land used for Trading and Services) |
From 5m or more |
From 20m or more |
Not less than 1.000m² |
|
|
The remaining communes |
Land Used for Trading and Services |
From 4m or more |
From 20m or more |
Not less than 800m² |
|
Non-Agricultural Land (exceed the land used for Trading and Services) |
From 5m or more |
From 40m or more |
Not less than 2.000m² |
- For Agricultural Land:
|
Types |
Minimum land area |
|
|
Wards and towns |
Communes |
|
|
land for growing annual crops |
300m² |
500m² |
|
Land for cultivation of perennial trees |
500m² |
1.000m² |
|
Land for aquaculture |
500m² |
1.000m² |
|
Land for production forests |
5.000m² |
5.000m² |
Decision No. 61 takes effect from October 7, 2024.
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