5 suburban districts of Ho Chi Minh City may be 'banned' from dividing and selling land plots

(CLO) The Ho Chi Minh City Department of Construction has just proposed that investors in housing construction projects in all communes, towns, and districts must invest in completing housing construction according to regulations, then carry out procedures to transfer land use rights.

The Ho Chi Minh City Department of Construction has just issued Document No. 9701, on the draft Decision detailing the determination of areas where project investors are allowed to transfer land use rights with technical infrastructure to individuals for self-construction of houses in Ho Chi Minh City.

In this draft, the Ho Chi Minh City Department of Construction proposed a regulation: Investors of real estate projects and housing construction projects in all communes, towns and districts of the city must invest in completing housing construction according to regulations, then carry out procedures to transfer land use rights, house ownership rights and other assets attached to land to organizations and individuals according to regulations.

Mr. Le Hoang Chau, Chairman of the Ho Chi Minh City Real Estate Association (HoREA) said: This regulation means that Ho Chi Minh City does not allow investors of housing construction investment projects to transfer land use rights in the form of dividing and selling plots of land for individuals to build their own houses, in all 5 districts of the city.

Illustration photo. (Source: ST)

The Chairman of HoREA emphasized: This regulation is not consistent with the 2023 Law on Real Estate Business and the 2023 Housing Law.

“If we consider the 2023 Law on Real Estate Business alone, the regulations clearly state that land in wards, districts, and cities of special urban areas, including 16 districts and Thu Duc city, real estate and housing project investors are not allowed to transfer land use rights with technical infrastructure to individuals to build their own houses,” said Mr. Chau.

According to Mr. Chau, in document 9701, the Ho Chi Minh City Department of Construction explained that: This proposal is for the future, specifically by 2030, Ho Chi Minh City will gradually "upgrade" suburban districts to districts, or cities under the city similar to Thu Duc city.

Therefore, to unify the application of regulations in Ho Chi Minh City, real estate project investors must invest in the complete construction of houses according to regulations, then carry out procedures to transfer land use rights, house ownership rights and other assets attached to land to organizations and individuals according to regulations.

For real estate projects with the goal of resettlement using land in communes, towns and districts of Ho Chi Minh City, ensuring the conditions prescribed in Article 31 of the 2023 Law on Real Estate Business and Clauses 1 and 2, Article 45 of the 2024 Land Law, project investors are allowed to transfer land use rights with technical infrastructure in real estate projects to individuals for self-construction of houses.

“Thus, in order to unify the state management of housing and enhance the responsibility of project investors, ensure synchronous investment in the construction of technical infrastructure and social infrastructure in the communes, towns and districts of Ho Chi Minh City, and at the same time avoid the situation where people build without permission, in violation of the permit or do not ensure the architectural management regulations, it is necessary for the Ho Chi Minh City People's Committee to issue a Decision detailing the determination of areas where project investors are allowed to transfer land use rights with technical infrastructure to individuals to build their own houses in Ho Chi Minh City,” the document of the Department of Construction stated.

Mr. Chau said that the explanation of the Department of Construction is not consistent with the 2023 Law on Real Estate Business and the Housing Law.

Because the five districts of Binh Chanh, Nha Be, Hoc Mon, Cu Chi and Can Gio are still suburban districts, not yet districts or cities directly under Ho Chi Minh City, so they must comply with current regulations.

“The 2023 Law on Real Estate Business and the 2023 Housing Law both stipulate that for the remaining areas (non-urban areas), the provincial People's Committee will base on local conditions to determine the areas where project investors are allowed to transfer land use rights with technical infrastructure to individuals to build their own houses,” said Mr. Chau.

Therefore, HoREA proposes that the Department of Construction consider submitting to the Ho Chi Minh City People's Committee detailed regulations on determining areas where real estate and housing project investors are allowed to transfer land use rights with technical infrastructure to individuals to build their own houses in communes, excluding towns in the 5 districts of Binh Chanh, Nha Be, Hoc Mon, Cu Chi, Can Gio and not subject to auction of land use rights to invest in housing construction projects according to the provisions of the Land Law, in accordance with legal regulations.

Source: https://www.congluan.vn/5-huyen-ngoai-thanh-tp-hcm-co-the-bi-cam-phan-lo-ban-nen-post319077.html