Khanh Hoa proposes many solutions to remove obstacles for a series of projects 'residential land not forming residential units'

To remove obstacles for a series of projects in the form of "residential land without forming residential units", Khanh Hoa province proposed to allow planning adjustments in areas implementing this type of project to "commercial service land".

Eurowindow Nha Trang high-end eco-tourism and resort, one of the projects with "residential land that does not form residential units" - Photo: NHH

Khanh Hoa Provincial People's Committee has just sent a report to the Provincial Party Committee on the results and progress of removing difficulties and obstacles for projects in the province, including projects with the type of "residential land without forming residential units".

53 projects in the form of "residential land not forming residential units"

According to the report, previously, Khanh Hoa Provincial People's Committee granted licenses to projects with land use purposes for commercial services.

However, the investment attraction situation in the locality is still modest and not optimistic, so the province then allows investors to choose the form of land lease, land allocation with land use fee collection for a limited period for service - tourism functional areas and long-term stable land allocation for villa rental housing areas (residential land does not form a residential unit).

After reviewing, Khanh Hoa Provincial People's Committee approved investment policies, planning and land for 53 projects in the form of "residential land not forming residential units".

To harmonize the interests of all parties, Khanh Hoa Provincial People's Committee proposed a solution.

Accordingly, for projects that have not yet started construction or are in the process of investment but have not yet completed the project and have not yet completed the purchase and sale, project investors are requested to carry out procedures to adjust "residential land not forming residential units" into "commercial and service land".

For projects that have been completed and put into use, the province proposes that the Prime Minister agree in principle to allow the Provincial People's Committee to adjust the planning in areas where related projects are implemented with the nature of "residential land not forming residential units" into "commercial and service land", "urban residential land" or "rural residential land".

15 projects in the form of "residential land without forming residential units" have transactions with third parties.

Khanh Hoa Provincial People's Committee said that it has issued decisions to remove the content "residential land not forming residential units" from all legal documents of 38/53 projects.

However, the remaining 15 projects that have had transactions with third parties have not yet issued a decision to remove the content "residential land not forming residential units".

Of these , 10 projects have had investors sign transfer contracts with secondary buyers, and have been granted 2,488 certificates by competent authorities to buyers for the land type "residential land not forming residential units", with long-term land use.

In 5 projects, the investor has signed 1,955 transaction contracts with secondary buyers, but the secondary buyers have not been granted land use right certificates.

The reason why the province has not issued a decision to remove the content of “residential land not forming residential units” for the above 15 projects is because these projects have had transactions with third parties. The province believes that if the purpose is changed to commercial and service land, there is a risk of complaints and lawsuits from secondary investors.

In addition, the area related to these 15 projects currently does not meet the technical and social infrastructure conditions to be able to adjust the planning to residential land according to the provisions of the law on construction, land, urban planning and other relevant legal provisions.

Therefore, to ensure the principle of not legalizing violations, in the process of establishing, appraising, and approving projects to adjust the general planning and zoning plans in the areas where 15 projects are implemented, the province does not have enough legal basis to adjust the planning to residential land.

NGUYEN HOANG

Source: https://tuoitre.vn/khanh-hoa-de-xuat-nhieu-phuong-an-go-vuong-loat-du-an-dat-o-khong-hinh-thanh-don-vi-o-20251026084318535.htm