Allow localities to decide on subdivision and sale of land

The Government has just issued Decree No. 35/2023/ND-CP dated June 20, 2023 amending and supplementing a number of articles of the Decrees under the state management of the Ministry of Construction.

In particular, Decree 35/2023/ND-CP amends and supplements a number of articles of Decree No. 11/2013/ND-CP of the Government on urban development investment management.

Add Article 3a after Article 3 of Decree No. 11/2013/ND-CP regulating the urban development program.

The urban development program is a collection of tasks, solutions, programs, projects to implement urban development goals of each stage according to provincial planning and general urban planning, established for the following subjects: Provinces and centrally-run cities; Cities and towns of provinces or centrally-run cities; towns of districts; Areas expected to form new urban areas.

The urban development program must meet the following requirements: Be consistent with national planning, regional planning, provincial planning, and general urban planning; approved strategies, programs, and plans for higher-level urban development; medium-term public investment programs and plans and the ability to mobilize actual local resources; Be consistent with technical and specialized planning, orientations, strategies, programs, and plans of other sectors and fields related to urban development.

The urban development program includes some or all of the following contents: Urban development indicators for each 5-year and 10-year period; specified for each year in the first 5-year period of the program; Programs and projects for investment in construction and development of priority infrastructure and urban landscape architecture meeting urban classification standards and criteria; Programs and plans for development of areas identified according to urban planning, urban development areas (if any) to focus on investment in synchronous formation of technical infrastructure, social infrastructure and urban landscape architecture in each period; Key programs and projects to gradually implement sustainable urban development; Resources and use of resources, solutions, priority list of urban development investment projects using public investment capital and other capital sources other than public investment capital, expected results according to annual, 5-year and 10-year time frames; Responsibility for organizing, inspecting and supervising the implementation of urban development programs.

Notably, Decree 35/2023/ND-CP supplements Clause 7, Article 4 of Decree No. 11/2013/ND-CP in the direction that the Provincial People's Committee shall specify the areas where land use rights can be transferred in the form of dividing plots and selling land to people to build their own houses according to the detailed planning of the approved project, meeting the legal provisions on land, housing, real estate business and the following provisions:

Firstly, the project is consistent with urban planning levels; has completed infrastructure investment for the entire project or according to approved investment phases; housing construction must ensure compliance with approved project content and progress.

Second, not in areas with high requirements for landscape architecture management, frontage of regional-level roads or higher and main landscape roads in urban areas, central areas and around buildings that are architectural highlights in urban areas.

Provincial People's Committees shall base on urban planning, urban development programs of each urban area, approved architectural management regulations and national technical standards on construction, infrastructure and urban planning to specify areas where land use rights can be transferred in the form of subdivision and sale of land plots to people to build their own houses.

Wisdom

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