Not fully covered for detailed planning
According to the Department of Natural Resources and Environment of Ba Ria - Vung Tau province, in recent times, in planned areas, planned to invest in the construction of key, large-scale projects and works such as urban areas, industrial parks, industrial clusters, traffic roads... and neighboring areas in Ba Ria - Vung Tau province, there have been more and more cases of dividing a plot of land into many plots to take advantage of legalization, changing the purpose to residential land; illegally transferring land use rights; arbitrarily changing the purpose of land use illegally to plant perennial trees, build works on land to profit from compensation...
Therefore, in order to strengthen land management, rectify and overcome the above situation, the Department of Natural Resources and Environment has promptly advised the People's Committee of Ba Ria - Vung Tau province to direct relevant departments, branches, units and People's Committees of districts, towns and cities to strengthen the inspection of the current status of land use, housing and constructed works and conditions for transferring land use rights, selling houses and construction works for housing development projects according to regulations. At the same time, strictly implement regulations on registration of land use rights transfer, change of land use purpose, land division in accordance with regulations; handle cases of taking advantage of land division and land division to illegally transfer and build houses... in the province.
The Department of Natural Resources and Environment also advised the People's Committee of Ba Ria - Vung Tau province to issue Decision No. 15/2021/QD-UBND (Decision 15) regulating the conditions for land division, land consolidation and the minimum area for land division for each type of land in the province. After nearly 2 years of implementation, Decision 15 has basically met the requirements of state management of land such as ensuring strict supervision and management of technical infrastructure for investment projects that must be accepted and qualified for use according to regulations before carrying out the organization's land division procedures; contributing to the development of social infrastructure, urban embellishment, and controlling technical infrastructure according to standards.
However, in the process of implementing Decision 15, some difficulties and problems have been encountered. Specifically, at Points c and d, Clause 2, Article 3 of Decision 15 stipulates: For urban land plots, the subdivision shall be carried out according to the approved land use planning, detailed planning at a scale of 1/500. In cases where there is no detailed planning at a scale of 1/500, the zoning plan at a scale of 1/2000 shall apply...; for non-urban land plots, the subdivision shall be carried out according to the approved land use planning, detailed planning at a scale of 1/500. In cases where there is no detailed planning at a scale of 1/500, the zoning plan at a scale of 1/2000 and the approved architectural planning management regulations shall apply.
However, up to now, districts and towns in Ba Ria - Vung Tau province have not been fully covered by the approved detailed planning scale of 1/500 and the zoning planning scale of 1/2000. Therefore, the settlement of land division procedures is stuck, affecting the rights of people with legitimate needs for land division.
Ensuring the rights of land users
Mr. Nguyen Van Hai, Director of the Department of Natural Resources and Environment of Ba Ria - Vung Tau province, said: In order to promptly remove difficulties and obstacles in land division, the People's Committee of Ba Ria - Vung Tau province has issued Decision 44 regulating the conditions for land division, land consolidation and the minimum area for land division for each type of land in the province. Decision 44/2023/QD-UBND takes effect from October 2, 2023 and replaces Decision 15/2021/QD-UBND of the People's Committee of Ba Ria - Vung Tau province.
Accordingly, Decision 44 has some new contents compared to Decision 15 when regulating the conditions for land division for households, individuals and organizations. Specifically, for households and individuals, it is regulated. Specifically, the division of land plots to form new land plots must ensure the limited right to use adjacent land plots according to the provisions of Article 171 of the 2013 Land Law. The division of land plots is carried out according to the land use planning and detailed construction planning at a scale of 1/500 approved by competent authorities.
In case there is no detailed construction planning at a scale of 1/500, the construction zoning plan at a scale of 1/2,000 approved by a competent authority shall apply. In case there is no construction zoning plan at a scale of 1/2,000, the construction zoning plan at a scale of 1/5,000 that has been approved shall apply. In case there is no construction zoning plan at a scale of 1/5,000, the construction zoning plan at a scale of 1/10,000 that has been approved by a competent authority shall apply.
Particularly, agricultural land under land use planning is agricultural land that does not apply the above construction planning when handling land division procedures. As for organizations, land division according to investment projects must be consistent with detailed construction planning approved by competent authorities; at the same time, technical infrastructure must also be accepted and qualified for use according to regulations before carrying out land division procedures, in which, the land plot after division must have at least one side adjacent to a state-managed traffic road and ensure the minimum area according to regulations.
Mr. Nguyen Van Hai, Director of the Department of Natural Resources and Environment of Ba Ria - Vung Tau province, said that in the coming time, with the more open adjustments in Decision 44 regulating the conditions for land division, land consolidation and the minimum area for land division for each type of land in the province, the settlement of land division procedures in localities in Ba Ria - Vung Tau province will soon be resolved, ensuring the rights of people with legitimate needs for land division, including localities that have not "covered" all approved detailed planning at a scale of 1/500 and zoning planning at a scale of 1/2000.
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