Regulations on conditions for separating land managed by State agencies and organizations into independent projects

In Quang Nam, there are many construction projects on land areas separated from the land managed by state agencies. Illustrative photo: PV

The public land area to be considered for separation into an independent project must meet the following conditions:

a) In accordance with the district-level land use planning approved by the Provincial People's Committee or in accordance with the general urban planning or zoning planning (if any), detailed planning (if any), urban architecture management regulations (if any), rural residential area architecture management regulations (if any), ensuring synchronous technical infrastructure connection with adjacent investment projects or related existing areas approved according to regulations.

b) For tourism projects, the approved functional zoning plan must be followed.

c) Golf course projects must comply with approved functional zoning plans and meet the conditions for golf course construction and expansion as prescribed in Decree No. 52/2020, dated April 27, 2020 of the Government.

d) Ensure minimum land area according to national technical regulations on construction planning in Circular No. 01, dated May 19, 2021 of the Ministry of Construction.

d) Ensure that the area and objectives of the socio-economic development project are included in the list of investment attraction projects issued by the Provincial People's Committee.

e) Consists of one or more adjacent or contiguous plots of land.

g) Have at least one side adjacent to an existing traffic road (must be in accordance with the planning) or have a planning for a traffic road of level VI or higher and an urban road of level V or higher after deducting the road safety corridor or road built according to approved planning (if any), the minimum length of the surface adjacent to the traffic road is 20m (not applicable to sandbanks and riverside areas).

h) The area within the land area for investment project implementation must be adjacent, contiguous and can form a plot of land with a minimum side length of 30m.

For the public land area meeting the conditions in Clause 1 of this Article, it must meet the following criteria, scale and ratio to be separated into independent projects:

a) For projects in wards and towns: The proportion of public land area eligible to be separated into independent projects accounts for 30% or more of the total land area proposed for project implementation and has a minimum area of ​​0.3 ha.

b) For projects in the remaining areas: The proportion of public land area eligible to be separated into independent projects accounts for 40% or more of the total area of ​​land proposed for project implementation and has a minimum area of ​​0.3 ha; if implemented in areas with particularly difficult socio-economic conditions, the minimum area is 0.5 ha or more; if implemented in areas with difficult economic conditions, the minimum area is 1 ha or more.

c) For projects located in two or more locations as prescribed in Point a and Point b of this Clause, the criteria for the ratio in the location with the larger public land area shall be considered. d) For golf course projects: The ratio of public land area eligible to be separated into independent projects shall account for over 80% of the total area of ​​land proposed for project implementation.

In case the land area does not meet the conditions, criteria, scale, and ratio to be separated into an independent project as prescribed in Clause 1 and Clause 2 of this Article, it shall be included in the total land area for project establishment and shall be recovered by the State to be assigned or leased to investors to implement the project without auctioning land use rights, without having to bid to select investors to implement the project using land.

Source: https://baoquangnam.vn/quy-dinh-dieu-kien-tach-dat-do-co-quan-to-chuc-cua-nha-nuoc-quan-ly-thanh-du-an-doc-lap-3145214.html