Proposing solutions to remove interlocking public land for real estate projects

The Department of Natural Resources and Environment of Ho Chi Minh City has just submitted to the People’s Committee of Ho Chi Minh City a solution to remove the project with interlocking land and canals managed by the State.

According to the Department of Natural Resources and Environment, for projects with an area of ​​land for canals, canals, and walkways scattered in projects of land allocation, land lease and land use change issued before the Decree No. Decree 148 stipulates that the land area managed by the State such as canals, ditches, and walkways scattered throughout the project will be charged land use levy according to the decision on land allocation, land lease, or transfer of use. and must be 100% of the value of the land use levy without deduction in the financial obligation on the land.

However, currently, a number of projects in the above case have not been able to determine the land price plan so far because the project has land managed by the State. Because many people think that the land managed by the State is forced to put up for auction and project bidding, regardless of whether the land area managed by the State is eligible to use and exploit a project. independent judgment or not.

To remove difficulties and obstacles in determining specific land prices, the Department of Natural Resources and Environment submitted to the City People’s Committee the following solutions:

For projects that have been issued decisions on land allocation, land lease and land use purpose by the City People’s Committee before the date of Decree 148, the Department of Natural Resources and Environment shall coordinate with relevant departments and agencies in implementing the project. specific land valuation.

For projects that are allocated land following the above time, consider the regulations issued by the city on conditions, criteria, scale and ratio to separate the land area managed by the State into independent projects. as a basis for determining land prices.

Or projects with an area of ​​land for public works that are internal utilities that do not have to be handed over to the State, the Department of Natural Resources and Environment is assigned to be responsible for reviewing and determining the land area for which the certificate is issued. land use right as a basis for calculating and collecting land use levy and land rent for land owners to pay in accordance with regulations to ensure correctness and sufficient province (do not issue decisions to adjust decisions on land allocation, land lease, transfer purpose of using land).

Previously, the People’s Committee of Ho Chi Minh City had sent a document to the Prime Minister proposing to solve difficulties and problems in investment procedures for construction of housing projects in the city.

In particular, the city proposed to approve the handling solutions for housing projects interspersed with public land and canals.

Specifically, for the public land fund with a total area of ​​less than 1,000 m2 in housing projects (land interspersed between land plots, ditches, canals…), Ho Chi Minh City proposed the Prime Minister to approve the city’s handover. investment to change the land use purpose and comply with the planning.

For the land fund with a total public land area of ​​over 1,000 m2, Ho Chi Minh City proposes to the Prime Minister to let the city swap with the investor for an equivalent land fund, concentrated at the project for the investor to hand over to the investor. management and use water.

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