Ho Chi Minh City leaders directed many contents towards resolving dossiers of changing land use purposes from other types of land to residential land in areas planned for housing groups.
For a long time, people living in the planned area of new residential land and mixed land in Ho Chi Minh City have had difficulty building houses and converting the purpose of using other land series to residential land to solve family needs.
Unfinished problem
Since 2018, after surveying many districts, the Urban Committee of the Ho Chi Minh City People's Council has organized a meeting to explain how to resolve the above problems.
At that time, the Chairman of the People's Committee of Hoc Mon district frankly acknowledged that in areas with houses, parents asked to change the purpose of 200-300 m2 for their children, but the authorities said that the area was planned for new residential construction, so it could not be resolved.
Hoc Mon district leaders proposed to reconsider the planning management to prevent subdivision and sale of land, not to prevent the legitimate needs of the people.
In Ho Chi Minh City, with over 600 zoning plans, there are nearly 12,200 hectares of newly built residential land.
Also since 2018, according to the Department of Planning and Architecture (QH-KT), the Ho Chi Minh City People's Committee has directed departments, branches and People's Committees of districts to review the current situation, assess the level of impact and influence on people's lives, the feasibility and necessity of planning mixed-use land and newly built residential land to have reasonable and strict adjustments. This ensures the legitimate rights and interests of people with houses and land use rights and is in harmony with the goal of sustainable development.
While waiting for the problem to be solved and the planning to be adjusted, the Ho Chi Minh City People's Committee has directed a number of policies to remove difficulties in existing residential areas that are not in accordance with the planning (including mixed-use land). For example, considering granting construction permits with a term for houses/land, and repairing individual houses.
Shape the answer
Recently, regarding the implementation of the 2024 Land Law, Ms. Le Thi Thu Tra, Permanent Vice Chairwoman of the Tan Binh District Fatherland Front Committee, continued to raise the issue with the city's authorities regarding the settlement of people's rights in the area planned for new residential land construction.
Responding to the above issue, Mr. Phan Van Tuan, Deputy Director of the Department of Planning and Investment of Ho Chi Minh City, informed that in the zoning planning projects for residential land, there are 3 types: existing residential land, newly built residential land, and mixed land.
Ho Chi Minh City has more than 600 zoning plans approved at different times before and after the Urban Planning Law. According to statistics, with more than 600 zoning plans, there are nearly 12,200 hectares of newly built residential land.
The Department of Planning and Investment, together with the Department of Natural Resources and Environment (TN-MT) and related units have advised the Ho Chi Minh City People's Committee on permission to change land use purposes for newly built residential land.
"The Department of Natural Resources and Environment has also advised the Ho Chi Minh City People's Committee on regulations on converting other types of land to residential land for households and individuals in the planning area of housing groups in urban planning projects. The City People's Committee will issue a decision as soon as possible," said Mr. Tuan.
Resolving difficulties in parallel with strict handling
Based on the review of proposals from departments and branches, Vice Chairman of Ho Chi Minh City People's Committee Bui Xuan Cuong has just directed many contents.
This directive aims to ensure consistency and unity when considering and resolving dossiers for changing the purpose of use from other types of land to residential land of households and individuals in the planning area of housing groups in zoning plans according to the provisions of the Law on Urban Planning.
Accordingly, the change of land use purpose is implemented in accordance with the 2024 Land Law, Decree 102/2024 detailing the implementation of a number of articles of the Land Law, Decision 2124/2024 of the Ministry of Natural Resources and Environment, which notes on planning.
Specifically, the location of the land proposed to change its purpose of use must be consistent with planning (determining the specific location with the planning function of residential land).
In addition, the traffic routes adjacent to the approved planning projects are managed by the People's Committees of districts, towns and Thu Duc City according to regulations (existing roads or newly formed roads that have been accepted and handed over according to regulations). At the same time, consistency must be ensured in the related planning projects approved by competent authorities.
In addition, in order to effectively handle land use conversion dossiers, heads of departments, branches, Chairmen of People's Committees of districts and Thu Duc City lead and direct affiliated agencies and units to strengthen state control and management of land, construction and planning.
Timely detect and strictly and resolutely handle acts of taking advantage of policies and regulations of the law to change land use purposes, divide plots, separate plots, and build in violation of regulations for personal gain, leading to disruption of approved planning, affecting urban development.
"Localities shall base on legal regulations on land, housing, planning, construction and other relevant laws to resolve dossiers on changing the purpose from other types of land to residential land for housing construction of households and individuals in accordance with regulations" - The document of the Ho Chi Minh City People's Committee clearly stated.
Take people's needs as the basis
For blocks with the planning function of "mixed-use land", which have many functions such as housing groups, commercial services, public works, green parks... but the specific location cannot be determined in the 1/2,000 scale zoning plan, the Ho Chi Minh City People's Committee also has instructions for handling.
A residential area affected by planning in Binh Chanh district
Accordingly, 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 for the above-mentioned blocks to determine the specific location of residential land, as a basis for changing land use purposes, granting construction permits, and dividing plots...
For land areas converted from other types of land to residential land, the actual usage needs of each household and individual will be considered and resolved in accordance with regulations.
Source: https://nld.com.vn/niem-vui-voi-nhieu-nguoi-muon-sang-dat-cho-con-196241229210308262.htm
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