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 area, one of the projects with "residential land not designated for the formation of residential units" - Photo: NHH

The People's Committee of Khanh Hoa province has just submitted a report to the Party Committee of the Provincial People's Committee on the results and progress of resolving difficulties and obstacles for projects in the province, including projects with the type of "residential land not forming residential units".

53 projects are classified as "residential land without the formation of residential units".

According to the report, the People's Committee of Khanh Hoa province previously granted permits for projects with land use purposes designated for commercial and service activities.

However, the investment attraction situation in the locality remains modest and not promising, so the province subsequently allowed investors to choose between land lease or land allocation with payment of land use fees for a limited period for service and tourism functional areas, and long-term stable land allocation for villa rental housing areas (residential land not forming residential units).

After reviewing the projects, the People's Committee of Khanh Hoa province approved the investment policy, planning, and land allocation for 53 projects with the form of "residential land without forming residential units".

To resolve the issue in a way that harmonizes the interests of all parties, the People's Committee of Khanh Hoa province has proposed a solution.

Accordingly, for projects that have not yet commenced construction or are in the process of investment but have not yet been completed and sales have not been finalized, the project investor is requested to carry out the procedures to adjust the land use from "residential land not forming a residential unit" to "commercial and service land".

For projects that have been completed and put into operation, the province requests the Prime Minister to approve the policy allowing the Provincial People's Committee to adjust the planning in the project areas, changing the land use from "residential land without forming residential units" to "commercial and service land," "urban residential land," or "rural residential land."

Fifteen projects with the land use type "residential land not forming residential units" have generated transactions with third parties.

The People's Committee of Khanh Hoa province announced that it has issued decisions to remove the content "residential land not forming a residential unit" from all legal documents of 38 out of 53 projects.

However, there are still 15 projects that have engaged in transactions with third parties but have not yet received a decision to remove the "residential land not forming a residential unit" content.

Of these , 10 projects have had their developers sign transfer contracts with secondary buyers, and the competent authorities have issued 2,488 land use certificates to buyers for "residential land not forming a residential unit," with a long-term land use period.

In 5 projects, the developers signed 1,955 transaction contracts with secondary buyers, but these secondary buyers have not yet been granted land use rights certificates.

The reason the province has not yet issued a decision to remove the "residential land not forming a residential unit" designation for the 15 projects mentioned above is because these projects have already engaged in transactions with third parties. The province believes that converting the land to commercial or service land would risk generating complaints and lawsuits from secondary investors.

Furthermore, the areas related to these 15 projects currently do not meet the necessary technical and social infrastructure requirements to be rezoned for residential use according to the laws on construction, land, urban planning, and other relevant legal regulations.

Therefore, to ensure the principle of not legitimizing violations, during the process of preparing, appraising, and approving the revised general and detailed planning schemes in the area where the 15 projects are being implemented, the province does not yet have sufficient legal grounds 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