Government Decree No. 35, recently issued, allows provincial People's Committees to regulate areas where land can be transferred in the form of subdivided plots for sale without needing the opinion of the Ministry of Construction .
A plot of land being subdivided for sale in Dong Nai . Photo: Dinh Son |
Accordingly, Government Decree No. 35, amending and supplementing several articles of Decree No. 11 on urban development investment management, allows provincial People's Committees to specify areas where land use rights can be transferred in the form of subdividing and selling plots to people for self-construction of houses according to the approved detailed plan of the project, meeting the legal regulations on land, housing, and real estate business, without having to seek the opinion of the Ministry of Construction.
To be eligible for land subdivision and sale, a project must conform to urban planning levels; have completed the infrastructure construction of the entire project or according to the approved investment phases; and the construction of housing must comply with the content and progress of the approved project.
At the same time, the areas where land is subdivided and sold are not located in places with high requirements for architectural and landscape management, along regional-level or higher roads and major scenic roads in the city; nor in the central area and around buildings that are architectural landmarks in the city.
The provincial People's Committee, based on urban planning, urban development programs of each city, approved architectural management regulations, and national technical standards on planning, shall specify the areas where land use rights can be transferred in the form of subdividing and selling plots to people for self-construction of houses.
Previously, in Decree No. 11, provincial People's Committees specified the areas where the right to use land with infrastructure already in place could be transferred to people for self-construction of houses according to the approved detailed project plan, after obtaining written agreement from the Ministry of Construction.
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