Accordingly, after listening to reports from representatives of departments and branches, Mr. Cuong concluded to direct the planning areas of housing groups in the zoning plans according to the provisions of the Law on Urban Planning, regardless of the planning function of existing residential areas or newly built residential areas, to consider and resolve the change of land use purpose.
However, to carry out land use purpose conversion, it is required to ensure full compliance with the conditions, contents and procedures according to the provisions of the Land Law.
To ensure consistency and unity when considering and resolving land use conversion dossiers throughout Ho Chi Minh City, Mr. Cuong assigned the Department of Natural Resources and Environment, based on current regulations, to urgently advise and propose to the Ho Chi Minh City People's Committee to issue instructions on conditions and necessary contents for land use conversion, as an information basis for districts, Thu Duc City and people and businesses to implement, and submit to the Ho Chi Minh City People's Committee before August 15.
At the same time, assign heads of departments, branches, chairmen of People's Committees of districts, towns and Thu Duc City to lead and direct affiliated agencies and units to strengthen the control and state management of land and construction.
Timely detect and strictly and resolutely handle acts of taking advantage of policies and legal regulations to change land use purposes, divide and separate plots, and construct in violation of regulations for personal gain, leading to disruption of approved planning, affecting urban management and development.
Mr. Cuong also requested relevant departments and branches to continue to fully implement the instructions of the Ho Chi Minh City People's Committee in Notice No. 376 dated May 19, 2023.
For many years, people in Ho Chi Minh City have been miserable because of the concept of new residential land for construction.
Previously, the leader of the Department of Planning and Architecture of Ho Chi Minh City affirmed that newly built residential land can still be converted to another purpose and granted construction permits. Because the concept of newly built residential land is a concept of residential land, used in planning work according to orientation. This planning does not affect the conversion of land use purposes and the granting of construction permits for people.
If people meet the conditions and criteria according to the Land Law, they can apply to convert it into residential land. Areas with detailed planning of 1/500 are the basis for granting construction permits. Areas without 1/500 planning are based on architectural management regulations to grant permits.
However, in the past few years, in Ho Chi Minh City, some localities have allowed conversion and granted construction permits, some have not. Later, when there were instructions from the Ho Chi Minh City People's Committee, districts and towns temporarily stopped processing people's conversion of purposes, land division and construction. Meanwhile, the concepts of newly built residential land and mixed land are not included in the provisions of the law. These two concepts were "created" by the Ho Chi Minh City People's Committee in the general planning projects and detailed construction planning 1/2,000 and have caused unnecessary congestion for many years.
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