make people suffer
Mr. Nguyen Van Hieu (District 7, Ho Chi Minh City) said that he has more than 2,000 square meters of land in Phu Thuan Ward, District 7, but for nearly 10 years he has not been able to change the land use purpose or separate the plot because the land is in a mixed-use planning area including parks, transportation, and residential land, although the land is located in an existing residential area. For the same number of years, he has been petitioning everywhere for help and changing the planning, but all in vain. The fact that the land is in the planning area has caused his land to lose its value miserably. While the plots of land next door are selling for hundreds of millions of VND/ m2 , his land is being advertised for sale at a cheap price of only 16 million VND/ m2 , but no one has bought it.
People are looking forward to converting land types in planning projects into residential land.
"The land around my plot of land is not in the planning area, so people buy, sell, and build freely and have value. My plot of land is unfortunately stuck in the planning area, lying right in the middle. Land stuck in the planning area not only limits the basic rights of land users but also causes the value of the land to plummet. Everyone knows that the above planning project is unfeasible and difficult to implement because it has existed for decades, but no one is doing anything to fix it. If the mechanism allows for the conversion of the purpose of a part of the residential land in this suspended planning project, it will partly help the people," Mr. Hieu explained.
According to leaders of many districts, for the planned land type of mixed-use land with residential function, the residential land area is only divided according to the percentage of the entire area without determining the specific location of the residential land, so there is no basis for allowing the conversion of the purpose of use. The zoning planning project of the Department of Planning and Architecture (QH-KT) has not yet specifically determined the location of each type of land function, where is residential land, where is green park land, where is traffic land, where is medical - educational land... Therefore, there is not enough basis to determine the conformity with the approved planning for each plot of land in the planned mixed-use land blocks and land for short-term and long-term housing groups (newly built residential areas). This has caused damage and frustration for households whose residential land is involved in the planning projects.
In Binh Tan District, according to statistics, there are a total of 155 land plots being planned with two functions: newly built residential land and mixed land, with a scale of more than 341 hectares. Binh Tan District People's Committee admitted that solving people's needs in these two planning functions is currently very limited. Mr. Nguyen Van Su, Head of the Urban Management Department of Binh Tan District, explained that the Land Law does not have the concept of newly built residential land and existing land, but stipulates that residential land that is suitable for planning will be converted to a different land use purpose. Newly built residential land is essentially residential land, so Binh Tan District proposes to change the purpose if it is suitable for planning and to issue official construction permits for these cases.
If the regulation on changing land use purposes is passed, it will remove difficulties for many households.
The representative of Hoc Mon District People's Committee also proposed that it is necessary to resolve the procedures for changing the land use purpose for newly built residential land and long-term residential land similar to the existing residential land planning areas and current residential land in order to ensure the legitimate rights and interests of the people. District 6 People's Committee has repeatedly sent documents to the City People's Committee and the Department of Planning and Investment to remove the function of planning newly built residential land and adjust the land use function to the current housing group (for areas without detailed planning 1/500) in accordance with the Law on Urban Planning. Meanwhile, Binh Chanh District has made a project to adjust the planning, in which it is proposed that newly built rural land be completely adjusted to residential land to allow people to change the land use purpose, divide plots and be granted construction permits.
Adjust planning to change purpose
In response to the recommendations of the districts, the representative of the Department of Planning and Investment said that for blocks with the function of planning new residential construction, the Department of Natural Resources and Environment is the agency advising the City People's Committee on the conditions, contents and procedures for changing the purpose according to the Land Law. For blocks with the function of planning mixed-use land with many functions such as: residential land, commercial services, public works, green parks... it is not possible to determine the specific ratio or location of functional groups at the 1/2,000 zoning planning level. Therefore, for cases of blocks under the mixed-use land use planning function, the People's Committees of districts and Thu Duc City need to review and propose adjustments to the 1/2,000 zoning plan or organize the establishment, appraisal and approval of the 1/500 detailed plan to determine the specific location of residential land on the block, thereby serving as a basis for changing land use purposes, dividing plots, and granting construction permits.
Mr. Nguyen Toan Thang, Director of the Department of Natural Resources and Environment of Ho Chi Minh City, admitted: the common difficulty of districts and towns at present in applying urban planning to resolve land use conversion records from other types of land to residential land of households and individuals is due to the lack of a basis to determine the location of land planning. "Currently, for the planned blocks of houses in the 1/2,000 scale zoning plans, it is not possible to determine the specific location of each type of land use function such as: where is residential land, where is public land, parks, playgrounds, parking lots, internal roads... Therefore, detailed planning at 1/500 or urban design is necessary for urban management and development. For the cases of blocks of mixed-use land use planning, the People's Committees of districts, towns, and Thu Duc City need to review and propose adjustments to the 1/2,000 scale zoning plan or organize the establishment, appraisal and approval of the 1/500 scale detailed plan of the above blocks to determine the specific location of residential land on the block, as a basis for changing land use purposes, granting construction permits, and dividing plots...", said Mr. Nguyen Toan Thang.
Recently, after meeting with departments and districts, Vice Chairman of Ho Chi Minh City People's Committee Bui Xuan Cuong directed the Department of Natural Resources and Environment of Ho Chi Minh City to coordinate with the Department of Planning and Investment, the Department of Justice and related departments and branches to draft a decision allowing the conversion of land use purposes from other types of land to residential land of households and individuals in the area in the planning area of housing groups in the zoning plans according to the provisions of the Law on Urban Planning on the basis of the provisions of the 2013 Land Law. Conditions for allowing the conversion of land use purposes, planning, and location of the land proposed for conversion of land use purposes must be consistent with the planning (planning is residential land - PV), ensuring consistency in related planning plans approved by competent authorities. At the same time, the location of the land proposed to change its purpose of use must be adjacent to a traffic road (an existing road or a newly formed road that has been accepted and handed over according to regulations), ensuring enough space for land division. This information is providing a solution for many districts and counties as well as hope for many households that have had a need but have not been able to do so for a long time.
To have a basis for converting land use purposes, the Department of Planning and Investment shall preside over and guide the People's Committees of districts, towns and Thu Duc City to review and propose adjustments to the 1/2,000 scale zoning plan or organize the establishment, appraisal and approval of the 1/500 scale detailed plan for blocks with mixed-use land use planning functions to determine specific residential land locations.
Vice Chairman of Ho Chi Minh City People's Committee Bui Xuan Cuong
Source: https://thanhnien.vn/cho-chuyen-dat-khac-sang-dat-o-185240510201419952.htm
Comment (0)