Lam Dong Provincial People's Committee has recently issued Official Dispatch No. 1952/UBND-CD1 on handling difficulties and problems related to land division, land separation and real estate business in districts and cities.
Recently, real estate "projects" in Lam Dong have been divided into lots and subdivided into plots.
Accordingly, Lam Dong province requires the People's Committees of districts and cities to properly perform State management of land, construction, and real estate business in accordance with regulations; absolutely not allowing the formation of illegal residential areas and real estate projects that are inconsistent with planning (land use planning, construction planning, urban planning).
For areas and land areas that households and individuals have donated land to build roads and separate plots to form new residential areas and points (in fact, real estate business projects) in districts and cities, Lam Dong Provincial People's Committee has assigned the District and City People's Committees to urgently review, classify and handle them in accordance with legal regulations.
In particular, for areas with land areas that are suitable for current planning (land use planning, construction planning, urban planning), guide businesses or households and individuals with land to separate plots to establish businesses or cooperatives.
Prepare investment projects for appraisal and approval of investment policies in accordance with the provisions of the Investment Law 2020 and Decree No. 02/2022/ND-CP dated January 6, 2022 of the Government detailing the implementation of a number of articles of the Law on Real Estate Business.
For areas where the land area is only suitable for one of the current plans that the locality has oriented and planned to plan new residential areas, all activities of changing land use purposes, leveling the ground, and investing in construction must be stopped. In addition, all procedures and records must be fully implemented to handle administrative violations related to land, develop investment plans, real estate business, housing development, etc. according to regulations.
Many hills in Lam Dong were also split horizontally and vertically to divide into plots and sell land.
After completing the handling of violations and adjusting and supplementing the plans to ensure consistency, guide enterprises or households and individuals with land plots to establish and complete documents and procedures to ensure consistency between the adjusted and unified plans, establish enterprises or cooperatives and prepare investment projects for appraisal and approval of investment policies.
On the other hand, for areas and land areas that are not in accordance with the planning (land use planning, construction planning, urban planning), the full procedures for handling administrative violations in the fields of land, construction, planning, investment, real estate business, housing development, etc. will be implemented according to regulations. In these cases, the planning will not be adjusted to legalize the violation records, ensuring strictness in State management of investment.
Under the direction of the Lam Dong Provincial People's Committee, the Provincial Department of Construction coordinated with the Department of Natural Resources and Environment, the Department of Planning and Investment, and the Department of Transport based on current legal provisions to guide the People's Committees of districts and cities on how to handle violations in donating land for road construction, land division, and illegal real estate business in the area in March 2023.
Previously, Lam Dong province was one of the “hot spots” for land subdivision. When the authorities investigated, they discovered many cases of land subdivision with signs of violating the law on real estate business, leading to many complicated issues regarding planning, land...
Bao Yen
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