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For many years, the situation of “hanging planning” or “hanging project” has caused anguish for people living in this area when they want to renovate and rebuild their houses.
However, the revised Construction Law of 2020 (effective as of January 1, 2021) has partially resolved this situation.
In order to avoid suspended projects, in Point i (Clause 1, Article 64 of the 2013 Land Law) it is established: Land assigned or leased by the State to implement investment projects without being used for a period of time. 12 consecutive months or the land use schedule is 24 months behind the progress indicated in the investment project from the date of receipt of delivery of the land in the field, the land must be put into use; If the land is not put into use, the investor can extend the time of use by 24 months and must pay the State an amount corresponding to the land use tax or land rental for the delay in project execution. at this time; At the end of the extended period, if the investor has not yet put the land into use, the State will recover the land without compensation for the land and property attached to the land, except in cases of force majeure.
Although the previous provisions establish a deadline to implement an investment project to avoid the situation of project suspended for too long, the application of this regulation is currently very scarce, it has not shown signs of feasibility. The proof is that there are many projects that have been assigned or leased by the State for implementation, but have not been implemented for more than 20 years.
Currently, “hanging projects” are one of the problems that have existed for many years and have brought enormous and disturbing consequences for the people and the government to solve and protect the interests of the people.
Why do suspended plans keep popping up and persisting? It is not difficult to point out the basic reasons such as lack of vision, wrong strategy, not fully configuring the relevant plans in accordance with the regulations, not identifying sufficient conditions for the synchronous implementation of projects in planning. , the organization, management and implementation of the project after the announcement is not done seriously … In short, those who are trapped in the misery of hundreds of dollars, the houses in the planning area are not being repaired, the land is not it can be bought or sold, the project cannot be implemented.
The “hanging project” makes life difficult for people (artwork)
The law does not foresee the concept of suspended planning but can be understood as “suspended planning” is the condition of the land area defined by a competent state agency, registered in the land use plan for one or more. For many different purposes, it has been announced that he will be retiring to implement the plan but the schedule is not yet met, the plan is called “suspended planning.”
The Construction Law of 2014 prohibits the construction of detached houses in the mentioned areas, but they are only repaired and renovated if they have permits. Specifically, in Clause 5 (Article 94, Construction Law 2014) on the conditions for the granting of construction permits with the following term: “For works, separate dwellings in the area where the approved construction zoning is planned by a competent state agency and has an annual land use plan at the district level, it is not issued a defined term construction permit for new construction, but only a term construction permit for repair, Reforms. “
However, the revised Building Law of 2020 (effective as of January 1, 2021) has made favorable adjustments for people living in these areas. Specifically, in Section 5 (Clause 33, Article 1) it is stated: “… If after 03 years from the date of the announcement of the annual land use plan at the district level, the competent state agency does not has made a decision. Acquisition of land or change of purpose of land use is not permitted according to the district’s annual land use plan announced without adjustment, cancellation or adjustment, cancellation but no adjustment announced To cancel the annual land use plan at the district level, the land user has the right to apply for a construction permit for a defined period in accordance with the provisions of Clauses 2 and 3 of this Article “.
Comparing the above provisions, as of January 1, 2021, after 3 years, if the land is still in planning but the competent authority has not recovered the land to implement the project (planning suspended), the land user can right to apply for a building permit with a deadline.
According to the family newspaper
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