Ho Chi Minh City issues bidding criteria for selecting investors, removing obstacles for a series of prime land plots.

Báo Đầu tư•14/12/2024

Projects on prime land in Ho Chi Minh City, such as the Ma Lang area and the Binh Quoi - Thanh Da urban area, cannot proceed with the bidding process to select investors due to not meeting the legal requirements.

Projects on prime land in Ho Chi Minh City, such as the Ma Lang area and the Binh Quoi - Thanh Da urban area, cannot proceed with the bidding process to select investors due to not meeting the legal requirements.

At its 20th session, the Ho Chi Minh City People's Council, 10th term, passed a Resolution stipulating the criteria for deciding on bidding to select investors to implement investment projects using land in cases specified in Clause 27, Article 79 of the Land Law within the city.

Accordingly, for investment projects to build new urban areas; and projects to renovate and upgrade urban areas, the People's Council stipulates that the projects must meet the conditions regarding land use scale as prescribed by the law on construction.

Accordingly, Decree No. 15/2021 stipulates that urban development investment projects must have a land use scale of 20 hectares or more in cases where the construction plan does not clearly define residential units.

However, since the Ministry of Construction is drafting a Decree to replace Decree No. 15/2021, the People's Committee of the City proposes not to issue specific criteria regarding area size, but to follow the regulations of the law on construction.

The Binh Quoi - Thanh Da urban area project covers an area of 200 hectares. Photo: Le Toan

If the project does not meet the above conditions, the City People's Committee may decide to conduct a bidding process to select an investor if it meets the conditions stipulated in Resolution No. 98 of the National Assembly on piloting special mechanisms and policies for the development of the City.

Specifically, the City People's Committee organizes a bidding process to select investors to implement projects using land included in the list of projects requiring land acquisition under the category of land acquisition by the State for socio -economic development for national and public benefit as stipulated by land law; projects with land under State management within the project area; and projects where land has not yet been cleared.

With this regulation, the City People's Committee explains that there are currently many projects in the city that have received approval from competent authorities for bidding to select investors, but are on a much smaller scale than the scale stipulated for urban development projects.

The reason is that these projects are all located in the city center, so the land available for implementation cannot meet the scale requirements to be considered urban areas according to current law.

Meanwhile, the need to organize bidding processes to select investors for these projects is extremely urgent in order to contribute to improving the city's appearance and promoting socio-economic development.

Some projects are located in prime areas in the city center, such as: the Nguyen Cu Trinh Quadrilateral Area Project (also known as the Ma Lang area, 6.8 hectares); the Nguyen Hue - Ngo Duc Ke - Ho Tung Mau - Huynh Thuc Khang Quadrilateral Area Project (11,158 m2); the Tan Da - Ham Tu Housing - Office - Commercial Complex (5,077 m2)...

In addition, projects located outside the city center but with a large scale (5 hectares or more), where many households are currently living on the land in very poor living conditions and housing quality, and in some cases potentially endangering people's lives, include: the Binh Quoi - Thanh Da Urban Area Project (200 hectares); the Ngo Gia Tu apartment complex project (54,466 m2); and the social housing project in Truong Thanh ward (9,804 m2)...

The City People's Committee stated that the projects have not yet selected investors due to several reasons. Besides issues related to legal planning reviews and obstacles in the arrangement and handling of public assets, one of the important reasons is the difficulties encountered under the 2013 Land Law and the impossibility of implementation after the 2024 Land Law and its implementing decrees come into effect.

The City People's Committee believes that the early selection of investors to promptly implement the aforementioned projects is an urgent need of the City to address practical issues, quickly bring land resources into exploitation, and avoid waste; thereby contributing to improving the quality of life, meeting the social welfare needs of the people, promoting economic growth, generating revenue for the City budget, and achieving the target of an average growth rate of 8-8.5% as stipulated in Resolution 31 of the Politburo.

Rural residential projects exceeding 3 hectares must be subject to a bidding process to select an investor.

The City People's Council also stipulates that rural residential area projects must have a land use scale of 3 hectares or more; be consistent with the new rural development program, the detailed rural development plan, and the natural conditions of each district.

Regarding this regulation, the City People's Committee stated that the law does not clearly specify the criteria for classifying the scale and area of rural residential area projects. Only after the Land Law 2024 came into effect were regulations on "Rural Residential Area Projects" introduced.

Therefore, considering the actual situation in the city and the feedback from the districts and counties, the City People's Committee proposes that the scale and area for the classification criteria of rural residential area projects must meet the condition of having a minimum area of 3 hectares.

Source: https://baodautu.vn/tphcm-ra-tieu-chi-dau-thau-lua-chon-nha-dau-tu-go-vuong-cho-loat-dat-vang-d232199.html