Ho Chi Minh City assigns communes and wards to approve temporary construction on rented public land

The Department of Agriculture and Environment of Ho Chi Minh City has just submitted a document advising the People's Committee of Ho Chi Minh City to assign 102 People's Committees of communes and wards in the Ho Chi Minh City area (before the merger) to carry out procedures to approve the location and scale of temporary construction works for organizations and individuals renting public land and houses.

Accordingly, organizations and individuals who have signed short-term land lease contracts with the Land Fund Development Center must have the People's Committees of communes and wards promptly carry out procedures to approve temporary construction so that the exploitation and use of short-term land leases can soon come into operation, the State can collect taxes, and at the same time avoid leaving land vacant and causing waste.

According to the Department of Agriculture and Environment, implementing the provisions of the 2024 Land Law, the People's Committee of Ho Chi Minh City issued Decision 71 (dated May 26, 2025) regulating the procedures for short-term leasing of land funds and assets attached to land managed by the Ho Chi Minh City Land Fund Development Center.

Based on this decision, the Ho Chi Minh City Land Fund Development Center signed 36 lease contracts and collected more than 36 billion VND for the city budget.

According to the Land Law, organizations and individuals leasing land for a short term are allowed to build temporary structures with a maximum scale of 3 floors. Temporary structures must have approved location and construction scale.

This procedure was previously performed by the District People's Committee. However, Decree 140/2025 has assigned this authority to the Commune People's Committee.

According to the Department of Agriculture and Environment, the Land Fund Development Center has implemented a roadmap and plan for using annual land and house addresses for auction and payment of BT projects.

While waiting for the auction plan to be implemented; payment for BT projects, the Land Fund Development Center will carry out short-term leases from 12 months to no more than 5 years to serve social needs according to the provisions of the Land Law and Decision 71 of the Ho Chi Minh City People's Committee to avoid leaving land fallow and to have a source of budget revenue.

However, currently, some wards and communes do not approve the location and scale of temporary construction works for organizations and individuals with short-term land lease contracts with the Land Fund Development Center.

Therefore, the Department of Agriculture and Environment has submitted to the HCM City People's Committee for advice as above.

Source: https://ttbc-hcm.gov.vn/tp-hcm-giao-xa-phuong-phe-duyet-xay-cong-trinh-tam-tren-nha-dat-cong-cho-thue-1019583.html