Ho Chi Minh City clarifies land subdivision rules for mixed-use plots

The Ho Chi Minh City Department of Natural Resources and Environment has issued guidance to resolve issues regarding the subdivision of mixed-use land plots. Under the new guidance, residents with plots containing both residential and agricultural land may choose which type of land to apply for subdivision.

Authorities will only verify minimum area requirements for the specific portion being subdivided. For example, if a resident only wishes to subdivide the residential portion, officials will only assess the residential minimum area requirements (ranging from 36 to 100 m2 depending on the area) and will not apply agricultural minimums to the remaining land. Agricultural minimums (500 m2 to 1,000 m2) only apply if the resident requests to subdivide both types of land simultaneously.

This guidance follows feedback regarding previous difficulties where officials required both residential and agricultural portions of a plot to meet minimum area thresholds. Meanwhile, the Ho Chi Minh City Real Estate Association (HoREA) has urged local authorities to further refine Decision 67/2026. HoREA noted that while the decision provides a legal basis for land transactions, practical inadequacies have emerged within three weeks of implementation, particularly concerning how mixed-use plots are handled in relation to local realities.