Allowing the existence of 2,385 plots of land "donated for road construction" in Cam Lam

The Party Committee of Khanh Hoa Provincial People's Committee sent a document to the Standing Committee of the Provincial Party Committee reporting the results of resolving the problems of Cam Lam District People's Committee regarding the handling of violations related to the case of "donating land for road construction".

Accordingly, the Cam Lam new urban master plan is being submitted to the Ministry of Construction for appraisal, so up to now there is not enough legal basis to assess the conformity with the urban planning being implemented of the above 114 cases.

According to a report from Cam Lam district, through inspection, there are currently 114 areas that have been divided into plots, split into plots, and donated land for road construction. The total area of land divided into plots is nearly 55.2 hectares, the number of plots separated after road construction is 2,385 plots, the area of land 'donated' for road construction is more than 97,474 m2.

In 114 areas, 7 areas "donated land" to build roads, split plots, and transfer land in accordance with traffic planning; the remaining 107 areas had no roads, were not in accordance with traffic planning, and then "donated land" to build roads themselves.

Specifically, Cam Duc town has 22 areas, Cam Thanh Bac commune has 38 areas, Cam Hai Tay commune has 35 areas, Suoi Cat commune has 7 areas, Suoi Tan commune has 10 areas, Cam Hiep Nam commune and Cam Hai Dong commune each have 1 area.

A corner of the subdivision area along Thuy Trieu lagoon, Cam Lam district, Khanh Hoa province.

Allowing the existence of land plots

According to the report, after Cam Lam district proposed a solution, the provincial Department of Natural Resources and Environment met with functional units and reported to the Khanh Hoa Provincial People's Committee on the policy of allowing the existence of 2,385 land plots, in 114 areas related to the violation of "donating land for road construction".

In the case of 'donating land' to build roads, dividing plots, transferring, in accordance with approved traffic planning, there were 7 cases, of which only 6 cases had documents approving investment in traffic roads according to approved planning, maintaining the land use purpose shown on the land use right certificate (LURC). People are allowed to exercise their rights and obligations with the LURC granted according to the provisions of law; are allowed to apply for and be granted a permit to build houses (for cases requiring permission) and are allowed to build houses (for cases not requiring permission) if people have a need. Traffic roads are allowed to exist in their current state; Cam Lam District People's Committee is assigned to cancel documents approving "donating land for road construction"; carry out procedures for land recovery due to voluntary return of land according to regulations; assign the District Development Center or commune-level authorities to carry out state management of land according to the law.

In case there is no road, not in accordance with traffic planning, then 'donating land for road construction' to build the road themselves to separate plots, divide lots, and land contrary to regulations for 107 cases not in accordance with approved traffic planning, allowing the existence of the above land plots according to the purpose on the granted land use right certificates. Cam Lam District People's Committee cancels the document approving investment in traffic roads; at the same time, directs agencies and People's Committees of Cam Duc communes and towns to manage donated land according to regulations. Construction is not allowed until it is in accordance with detailed construction planning and meets infrastructure conditions or until there is a written permission from the competent authority.

Problems in dealing with consequences

In recent times, Cam Lam district has become a hot spot when the trick of "donating land" to build roads to change the purpose of use to residential land and then dividing and selling plots has appeared, causing many consequences, complicated developments, and violating regulations on land management.

Cam Lam district has implemented many steps to limit the situation of 'dividing and selling land plots', canceling many decisions on changing land use purposes and documents approving traffic investment in cases of violations, and correcting violations in land management and construction order in the area. However, the implementation process has encountered many difficulties.

Regarding the land of 2 households in Bac Vinh village, Cam Hai Tay commune, there is a part of the residential land planning area of 1,835 m2, suitable for all types of land use planning, but the District People's Committee has canceled 2 decisions to change the land use purpose for this land, including the above land area.

The land use purpose for this area was previously aquaculture land, divided into 74 plots and transferred many times. However, the current land use purpose recognized according to the Land Use Right Certificate is residential land in rural areas and adjacent to asphalt roads (donation roads). "There is currently no written guidance on resolving the following issues, while according to the 2013 Land Law and Decree No. 43 dated April 15, 2014 of the Government guiding the implementation of the Land Law, the cancellation of these Land Use Right Certificates is not under the jurisdiction of the People's Court," the report stated.

Regarding Ms. Ha's land in Bai Gieng 2 village, Cam Hai Tay commune, the district People's Committee has not yet revoked the decision to change the land use purpose because it is in accordance with the planning and land use plan. However, the cancellation of the approval document for road construction has left Cam Lam district unsure how to display the information on the land use right certificates issued to households.

There are also no specific implementation instructions for some other cases where problems arise after the cancellation of traffic approval documents.

In 2021, Khanh Hoa Provincial People's Committee established an interdisciplinary inspection team chaired by the Department of Natural Resources and Environment to inspect land management and construction order in Cam Lam district.

According to the interdisciplinary inspection team, the land use conversion dossiers did not have all the required components. The Land Law does not have the concept of land donation, only cases where the State reclaims land due to other people voluntarily returning the land.

The fact that Cam Lam District People's Committee approved the plan to separate large plots of land, but did not consider the regulations on real estate business, and did not require land users to establish enterprises when transferring land use rights for the separated plots of land is not in accordance with the provisions of the law on real estate business.

Many leaders and officials of Cam Lam district have been disciplined for their involvement in the above incident.

Source