Proposal not to allow project establishment in the form of land division and sale in Ho Chi Minh City

The new law stipulates that the Ho Chi Minh City People's Committee is allowed to divide and sell land plots in districts and communes. However, the City is not expected to allow projects to be established in the form of dividing and selling land plots.

The information was given by Mr. Huynh Thanh Khiet, Deputy Director of the Ho Chi Minh City Department of Construction, during the supervision session of the Ho Chi Minh City People's Council on the implementation of state management of construction order in the city for the City People's Committee, which took place on the afternoon of October 11.

Increased housing demand leads to illegal subdivision and construction on agricultural land.

According to Mr. Khiet, since the Standing Committee of the Ho Chi Minh City Party Committee issued Directive No. 23-CT/TU in 2021, state management of construction order in the city has gradually improved, with positive changes, and the number of administrative violations of construction order has decreased year by year.

Specifically, after 5 years of implementing Directive No. 23, the total number of violating constructions in the City is 3,085 constructions (June 15, 2019 - June 30, 2024), an average of 1.7 cases per day, a decrease of 6.9 cases per day, a reduction rate of 80.2% compared to the average number of violations before the issuance of Directive No. 23, which was 8.5 cases per day.

According to Mr. Khiet, the reason for the widespread illegal and unlicensed construction is that Decision No. 60/2017/QD-UBND of the City People's Committee regulating the minimum area for land division in the City still has many shortcomings in handling the records of people's legitimate land division needs.

Meanwhile, the implementation of planning for housing development projects, technical infrastructure projects, public works and social welfare projects is slow, leading to people not being able to change land use purposes, not being able to change land use purposes, not being able to build.

After 5 years of applying Directive No. 23-CT/TU, the number of administrative violations of construction order has decreased every year. Photo: Trong Tin.

The lack of synchronization in land use planning and construction planning has created difficulties and obstacles in the implementation of planning and construction work. The limit for conversion to residential land in localities is still very small (or even no limit), leading to people being unable to convert the purpose of land use to apply for a construction permit.

In particular, the profits from buying and selling agricultural land, dividing and selling plots in the city are very large. Some speculators have taken advantage of people's housing needs to convert land use purposes and build houses on agricultural land for business or divide a house into many small houses.

After that, the subjects conducted transactions under the form of micro-documents, leading to complicated construction situations in some suburban districts and outlying districts, breaking planning, forming synchronous structures, not having a society serving public interests... causing insecurity and disorder in the area.

“Currently, the Housing Law 2023 and the Real Estate Business Law 2023 no longer allow the subdivision of land for sale in wards, districts, and cities of special urban areas. However, for the district and commune levels, the Law requires the City People's Committee to determine the areas where projects for subdivision of land for sale are allowed. This morning (October 11), after receiving comments from the Ministry of Construction, the Department asked for comments from Vice Chairman of the Ho Chi Minh City People's Committee Bui Xuan Cuong, in the direction that the City will not allow projects in the form of subdivision of land for sale,” Mr. Khiet added.

In addition, the rapid urbanization rate in the City and the high population growth rate have led to an increase in housing demand for low-income people, leading to complicated violations of construction order in some suburban districts.

This also gives rise to illegal buying and selling of agricultural land, illegal subdivision, construction on agricultural land, construction of individual houses for rental purposes, and the formation of "mini apartments" in the city.

Along with that, the local authorities in some places have not yet fully promoted their roles and responsibilities; The professional capacity of civil servants doing state management work on construction in the city is uneven...

Stop supplying electricity and water to violating constructions.

Although there is a mechanism to handle violations, according to Mr. Huynh Thanh Khiet, the organization and implementation of decisions on administrative sanctions still faces some difficulties and problems.

In which, the violator does not cooperate, does not provide information about the bank account number, the credit institution where the violator opened the account; the violator does not have a bank account or has an account but it is an empty account.

Mr. Huynh Thanh Khiet, Deputy Director of Ho Chi Minh City Department of Construction

Some people even cause difficulties and intentionally lock the door to prevent competent units from entering the construction site to survey the actual situation before developing a plan for enforcement...

Therefore, most of the demolition of construction works violating construction order is carried out mainly through voluntary compliance of investors or through mobilization and persuasion by agencies, departments and branches to demolish them themselves.

In particular, the previous regulation on applying measures to stop the supply of electricity and water services was an effective regulation to prevent investors from deliberately continuing to construct works or parts of works that violate construction order in order to complete and put into use or carry out transfer transactions.

However, there is currently no legal basis to implement regulations on applying measures to stop providing electricity and water services.

Mr. Khiet said that this measure has been applied by Hanoi City according to the Capital Law. Therefore, the City will continue to research and propose competent authorities to consider and allow People's Committees at all levels to apply the above regulations.

In addition to the above solutions, the City People's Committee has assigned the Department of Planning and Architecture, the Department of Natural Resources and Environment to coordinate with the People's Committees of districts to review land use planning, construction planning, and rural residential planning to ensure consistency, unity, and timely overcoming of existing problems and limitations to address people's needs for land division and construction permits.

At the same time, the Department of Natural Resources and Environment shall preside over the drafting of a Decision specifying the conditions and minimum area for land division and land consolidation for each type of land in the City.

Clearly define which agency is responsible

After listening to the report of the Ho Chi Minh City Department of Construction, Ms. Nguyen Thi Le, Chairwoman of the City People's Council, requested that the City People's Committee clarify the existing problems and limitations. "The existing problems and limitations are mentioned in the 2-page report, but we have not seen the responsibility of the departments and the City People's Committee for this management. We only see blame placed on the grassroots level," she said.

Responding, Mr. Huynh Thanh Khiet said that the Department of Construction is primarily responsible for managing general construction order. When there is a construction violation, the responsibility belongs to the People's Committee at the commune level, and it is mandatory to handle it from the beginning. That is, to make a record and suspend construction. Illegal construction is the responsibility of the district inspection team.

Source: https://baodautu.vn/batdongsan/kien-nghi-khong-cho-phep-lap-du-an-duoi-hinh-thuc-phan-lo-ban-nen-tai-tphcm-d227244.html