Projects on prime land in Ho Chi Minh City such as Ma Lang area; Binh Quoi - Thanh Da urban area... cannot conduct bidding to select investors due to not meeting the conditions according to legal regulations.
Ho Chi Minh City sets out criteria for bidding to select investors, removing obstacles for a series of prime lands
Projects on prime land in Ho Chi Minh City such as Ma Lang area; Binh Quoi - Thanh Da urban area... cannot conduct bidding to select investors due to not meeting the conditions according to legal regulations.
At the 20th session, the 10th term People's Council of Ho Chi Minh City passed a Resolution stipulating criteria for deciding on bidding to select investors to implement investment projects using land in the cases specified in Clause 27, Article 79 of the Land Law in the City.
Accordingly, for investment projects to build new urban areas; projects to renovate and embellish urban areas, the People's Council stipulates that the project must meet the conditions on land use scale according to the provisions of the law on construction.
Accordingly, Decree No. 15/2021 is regulating urban construction investment projects with a land use scale of 20 hectares or more in cases where the construction planning does not clearly define residential units.
However, the Ministry of Construction is drafting a Decree to replace Decree No. 15/2021, so the City People's Committee proposed not to issue specific criteria on area scale, but to follow the provisions of the law on construction.
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| Binh Quoi - Thanh Da Urban Area Project has a scale of 200 hectares. Photo: Le Toan |
In case the project does not meet the above conditions, the City People's Committee may decide to conduct a bidding to select an investor if it meets the conditions prescribed in Resolution No. 98 of the National Assembly on piloting special mechanisms and policies for the development of the City.
Specifically, the City People's Committee organizes a bidding to select investors to implement projects using land in the list of projects requiring land recovery in cases where the State recovers land for socio-economic development for national interests and public interests according to the provisions of the law on land; There is an area of land managed by the State in the land area where the project is implemented; The land has not been cleared.
With this regulation, the City People's Committee explained that in the City, there are currently many projects that have had policies from competent authorities on organizing bidding to select investors, but the scale is much smaller than the scale prescribed for urban construction projects.
The reason is that these projects are all located in the city center, so the land fund cannot ensure the scale to be considered an urban area according to current law.
Meanwhile, the need to organize bidding to select investors to implement these projects is extremely urgent to contribute to improving the appearance of the City and promoting socio-economic development.
Some projects are located in prime areas in the city center such as: Nguyen Cu Trinh Quadrangle Project (also known as Ma Lang area, 6.8 ha); Nguyen Hue - Ngo Duc Ke - Ho Tung Mau - Huynh Thuc Khang Quadrangle Project (11,158 m2); Tan Da - Ham Tu Residential - Office - Commercial Complex (5,077 m2)...
In addition, projects that are not located in the city center but are large in scale (from 5 hectares or more), currently on land where many households are living with very degraded living conditions and housing quality, some cases can affect the lives of people such as: Binh Quoi - Thanh Da Urban Area Project (200 hectares); Ngo Gia Tu Apartment Complex Project (54,466 m2), Social housing project in Truong Thanh ward (9,804 m2) ...
The City People's Committee said that the above projects have not yet organized the selection of investors due to many reasons. In addition to the reasons related to the legal review of planning, difficulties in arranging and handling public assets, one of the important reasons is that they encounter difficulties according to the 2013 Land Law and will be implemented after the 2024 Land Law and Decrees come into effect.
The City People's Committee believes that early selection of investors to implement the above projects is an urgent need of the City to solve practical problems, put land resources into exploitation early, avoid waste; thereby contributing to improving the quality of life, meeting the social security needs of the people, promoting economic growth, creating revenue for the City budget, and soon achieving the average growth target of 8 - 8.5% according to Resolution 31 of the Politburo.
The City People's Council also stipulates that rural residential area projects must have a land use scale of 3 hectares or more; in accordance with the new rural construction program, detailed planning for new rural construction, and natural conditions of each district.
Regarding this regulation, the City People's Committee said that the law does not clearly stipulate criteria for classifying the scale and area of rural residential projects. Only when the 2024 Land Law takes effect will it stipulate "Rural residential projects".
Therefore, considering the actual situation in the City and the comments of the districts, the City People's Committee proposes that the scale and area for the criteria for classifying Rural Residential Area projects must meet the condition of an area of 3 hectares or more.
Source: https://baodautu.vn/tphcm-ra-tieu-chi-dau-thau-lua-chon-nha-dau-tu-go-vuong-cho-loat-dat-vang-d232199.html
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