Lam Dong Provincial People's Committee terminated all two documents regulating the separation and consolidation of land plots from May 2, 23, and assigned a specialized agency to prepare a new draft decision on conditions for parcel separation and consolidation in the area.
Accordingly, considering the report No. 225/BC-STNMT dated May 12, 5 of the Department of Natural Resources and Environment on the review and publication of a number of contents related to the adjustment of regulations on settlement of dossiers of land redundancy and consolidation of land plots in the province (according to the opinion of the Department of Examination of Legal Documents - Ministry of Justice in Document No. 2023/KTrVB-NC dated April 353, 28); Based on the conclusion of the briefing meeting of the leaders of the Provincial People's Committee in Notice No. 4/TB-VP dated May 2023, 493, the People's Committee of Lam Dong province has the following comments:
Lam Dong removed the regulations on the separation and consolidation of plots.
Terminate all documents of the Provincial People's Committee No. 4911/UBND-DC dated 5/7/2022 on receipt, consideration and settlement of dossiers of land plot separation and consolidation in the province; Document No. 1952/UBND-DC1 dated March 16, 3 on handling problems and difficulties related to the division of plots, plots, and real estate business in the districts and cities from the date of signing this document (May 2023).
Lam Dong Provincial People's Committee assigned the Department of Natural Resources and Environment to preside over, together with the Department of Construction, the Department of Justice and relevant agencies and units, to draft the Decision to replace the Decision No. 40/2021/QD-UBND dated November 1, 11 of the Provincial People's Committee in the direction of: Developing the draft content in accordance with the provisions of the land law on parcel separation and consolidation (only the contents specified by the Provincial People's Committee to be issued); Abolish regulations on road opening and land acquisition for roads (because it has been prescribed in the Construction Law and other related laws).
Lam Dong province also asked the above agencies in the draft decision to replace Decision No. 40/2021/QD-UBND to remove regulations on detailed planning and project formulation (because it is prescribed in the Construction Law, Housing Law and other related laws). The Department of Natural Resources and Environment is required to urgently complete the draft before June 25, 6.
Previously, the separation and consolidation of land plots in Lam Dong was carried out according to Decision No. 33/2015/QD-UBND dated April 16, 4 of the People's Committee of Lam Dong province. After a period of land fever, especially from 2015-2017, causing people to massively divide plots and plots, on January 2019, 19, the People's Committee of Lam Dong province issued Decision No. 1/QD-UBND to replace Decision No. 2021.
After that, Lam Dong Provincial People's Committee issued Decision No. 40/QD-UBND dated November 1, 11 (replacing Decision No. 2021) stipulating the conditions for separation of land parcels, conditions for land parcel integration and the minimum area to be divided for each type of land in Lam Dong province.
Before the feedback from the public, on January 20, 1, the People's Committee of Lam Dong province continued to issue Document No. 2022/UBND-DC on suspending the receipt, consideration and settlement of procedures related to the division of plots, land plot separation, and construction of separate houses in rural areas throughout the province.
On July 5, 7, after 2022 months of not settling the dossier for the division of the parcel, the People's Committee of Lam Dong province issued the decision 6/UBND-DC on the receipt, consideration and settlement of the dossier for the separation and consolidation of the land plot. Accordingly, an individual can only split a plot or transfer the right to use land when establishing a cooperative, company, etc.
However, in practice, there are still many obstacles, such as many difficult households and individuals wishing to separate the transferred plot to serve legitimate purposes of the family such as building houses, covering living expenses, medical examination and treatment, health care, education for children, investment in other industries to develop the family economy.
On March 16, 3, the People's Committee of Lam Dong province continued to issue Document No. 2023/UBND-DC1952 on handling problems and difficulties related to the division of plots and land plots, real estate business in the districts and cities and other relevant documents.
In this document, Lam Dong Provincial People's Committee continues to hold the guiding view, for areas and land areas in accordance with current plannings (land use planning, construction planning, urban planning), to guide enterprises, households, and individuals who have land to split up and establish businesses or cooperatives.
At the same time, make an investment project and submit it to the appraisal and approval of the investment policy according to regulations, before taking the next steps. For areas and land areas that do not conform to the master plans, the planning shall not be adjusted to legalize records of violations and ensure the rigor in the state management of investment.
