Allow conversion of other land types to residential land.

Causing suffering to the people.

Mr. Nguyen Van Hieu (District 7, Ho Chi Minh City) stated that he owns over 2,000 ^square meters of land in Phu Thuan Ward, District 7, but for nearly 10 years he has been unable to change the land use purpose or subdivide the plot because the land is located within a mixed-use development plan including parks, transportation, and residential areas, even though it is situated within an existing residential area. For the same number of years, he has submitted petitions everywhere seeking help and attempts to change the plan, but all his efforts have been in vain. The fact that his land is within the development plan has drastically reduced its value. While neighboring plots are selling for hundreds of millions of dong per square ^meter , his land is being offered for sale at a paltry 16 million dong per square ^meter , yet no one is buying it.

People are looking forward to the conversion of land types in planning projects to residential land.

"The land surrounding my property is not included in any planning scheme, so people buy, sell, and build freely, and it's valuable. Unfortunately, my land is stuck in the middle of a planning scheme. Land being affected by a planning scheme not only restricts the basic rights of land users but also causes the value of the land to plummet. Everyone knows that the planning scheme is unfeasible and difficult to implement because it has existed for decades, but no one is making any changes. If a mechanism allows for the conversion of a portion of the land within this suspended planning scheme, it would somewhat alleviate the difficulties for the people," Mr. Hieu explained.

According to leaders of many districts and counties, for land zoned as mixed-use with residential functions, the residential land area is only divided as a percentage of the total area without specifying the exact location of the residential land, thus lacking a basis for permitting land-use conversion. The zoning plan of the Department of Planning and Architecture (QH-KT) also fails to specifically define the location of each land function, determining which areas are residential, which are parks and green spaces, which are transportation, and which are healthcare and education facilities. Therefore, there is insufficient basis to determine the conformity with the approved plan for each land plot within the mixed-use and short-term/long-term housing (newly built residential areas) zones. This has caused damage and frustration for households whose residential land is affected by these planning projects.

In Binh Tan District, statistics show that there are a total of 155 land plots currently under planning with two functions: new residential construction and mixed-use land, covering an area of ​​over 341 hectares. The People's Committee of Binh Tan District acknowledges that addressing the needs of residents in these two planning functions is currently very limited. Mr. Nguyen Van Su, Head of the Urban Management Department of Binh Tan District, explained that the current Land Law does not define new residential construction land and existing land; instead, it stipulates that land that is residential and conforms to the planning will be converted to other uses. Since new residential construction land is essentially existing residential land, Binh Tan District proposes allowing conversion of land use if it conforms to the planning and granting official construction permits for these cases.

If the regulations on land use conversion are approved, it will alleviate difficulties for many households.

Representatives from the Hoc Mon District People's Committee also suggested that procedures for changing land use purposes for newly built residential areas and long-term residential land should be resolved similarly to existing residential areas and existing housing areas to ensure the legitimate rights and interests of the people. The District 6 People's Committee has repeatedly submitted written requests to the Ho Chi Minh City People's Committee and the Department of Planning and Architecture to remove the planning function for newly built residential land and adjust the land use function to existing housing (for areas without a detailed 1/500 scale plan), which is consistent with the Urban Planning Law. Meanwhile, Binh Chanh District has prepared a plan adjustment project, proposing that newly built rural land be completely adjusted to residential land to allow people to change land use purposes, subdivide plots, and obtain construction permits.

Adjusting the planning to change the purpose

In response to proposals from districts and communes, representatives from the Department of Planning and Architecture stated that for urban blocks designated for new residential construction, the Department of Natural Resources and Environment advises the People's Committee of Ho Chi Minh City on the conditions, content, and procedures for land use conversion according to the Land Law. For urban blocks designated for mixed-use land, encompassing multiple functions such as residential, commercial, public works, and green parks, the specific proportions or locations of these functional groups cannot yet be determined at the 1/2,000 zoning plan level. Therefore, for urban blocks designated for mixed-use land, the People's Committees of districts and communes, including Thu Duc City, need to review and propose adjustments to the 1/2,000 zoning plan or organize the preparation, appraisal, and approval of the 1/500 detailed plan to determine the specific location of residential land within the block. This will serve as the basis for land use conversion, land subdivision, and construction permits.

Mr. Nguyen Toan Thang, Director of the Department of Natural Resources and Environment of Ho Chi Minh City, acknowledged that the common difficulty faced by districts and communes currently in applying urban planning to resolve applications for changing land use purposes from other land types to residential land for households and individuals is the lack of a basis for determining the planned land location. "Currently, for planned residential blocks in 1/2,000 scale zoning plans, it is not possible to specifically determine the location of each type of land use function, such as: which areas are residential land, which are public land, parks, playgrounds, parking lots, internal roads, etc. Therefore, detailed 1/500 scale planning or urban design is necessary for urban management and development. For cases where blocks are planned for mixed-use land use, the People's Committees of districts, counties, and Thu Duc City need to review and propose adjustments to the 1/2,000 scale zoning plan or organize the preparation, appraisal, and approval of detailed 1/500 scale plans for the aforementioned blocks to determine the specific location of residential land within the block, as a basis for changing land use purposes, granting construction permits, and subdividing land...", Mr. Nguyen Toan Thang said.

Recently, after a meeting with departments and districts, Vice Chairman of the Ho Chi Minh City People's Committee Bui Xuan Cuong directed the Department of Natural Resources and Environment of Ho Chi Minh City to coordinate with the Department of Planning and Architecture, the Department of Justice, and other relevant departments to draft a decision allowing the conversion of land use purposes from other land types to residential land for households and individuals in the area planned for housing groups in the zoning plans according to the provisions of the Urban Planning Law, based on the provisions of the 2013 Land Law. Conditions for allowing the conversion of land use purposes include: the planning and location of the land proposed for conversion must be consistent with the planning (the planning designates it as residential land - PV), ensuring uniformity in related planning projects approved by competent authorities. At the same time, the location of the land proposed for conversion must be adjacent to a road (an existing road or a newly formed road that has been inspected and handed over according to regulations), and must meet the required limits for land subdivision. This information is providing a solution for many districts and counties, as well as hope for many households that have long been unable to access these services.

To provide a basis for land-use conversion, the Department of Planning and Architecture will lead and guide the People's Committees of districts, counties, and Thu Duc City to review and propose adjustments to the 1/2,000 scale zoning plan or organize the preparation, appraisal, and approval of the 1/500 scale detailed plan for urban blocks with mixed-use land use planning functions to determine the specific location of residential land.

Vice Chairman of the People's Committee of Ho Chi Minh City , Bui Xuan Cuong

Source: https://thanhnien.vn/cho-chuyen-dat-khac-sang-dat-o-185240510201419952.htm