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3 years without implementation, will eliminate planning
The Construction Law amended in 2020 also stipulates the general conditions for granting construction permits with a defined term, which include: In the area with the construction zoning plan, the construction zoning of the functional zone or detailed planning , The detailed construction plans of the functional areas have been approved and announced by the competent state agencies, but have not yet been implemented and there is no land reclamation decision from the competent state agencies. Upon expiration of the duration of existence of the work indicated in the construction permit with a term and the competent state agency has the decision on the recovery of the land, the investor agrees to demolish the work itself, otherwise, demolition himself, be coerced and bear all demolition costs. If this time limit passes, but construction planning has not yet been implemented, the investor can continue to use the work until the competent state agency has the decision on the recovery of the land. Support for demolition is provided in accordance with the land law …
Forced compensation if not enforced
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This regulation cures the “disease” of the “hanging” project, the current widespread “hanging” planning scheme, and frees the rights of people to build, buy, sell and transfer. However, if it is built, it is necessary to invest in connecting infrastructure, but to build without roads, without electricity and without water, people will have a hard time living. At this point, decrees and circulars instruct how to harmonize the interests of people, the interests of society and investors. He Nguyen hoai nam (Former Deputy Director of the Ho Chi Minh City Department of Planning and Architecture) |
The president of the Ho Chi Minh City Real Estate Association (HoREA), Le Hoang Chau, analyzed that although Ho Chi Minh City has high-level projects with improved infrastructure, compared to the demand for housing it is not a lot, the objectives are smaller. The apartment is not yet guaranteed. In general, Ho Chi Minh City is still developing in the style of oil slicks, most of them are individual houses with low floors and corrugated iron walls. Therefore, the city has two tasks: to beautify the old urban areas and to develop new and modern urban areas. To do that, we must plan to be development oriented. However, planning will inevitably “hang” due to lack of resources to implement or planning is not feasible. This unintentionally affects people’s interests. The new law allows people to build their own houses on suspended planning land, which is good because their rights are restored to them. This is also fairness, protection and guarantee of the rights and legitimate interests of people.
“People build houses and then invest in increasing stripping costs, all of which is included in the cost. It can affect the feasibility of the project when the house is large, cleaning the site is difficult, discouraging investors because the efficiency is not high, the next generation of investors will re-evaluate the feasibility. But not allowing people to build houses in the suspended planning project will increase site clean-up costs, making it difficult for the project to be unfair to people. However, for the enforcement of the law to be effective and synchronous, the Land Law and the Housing Law must be amended here, ”said Mr. Chau.
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