On the Government Portal, citizens asked: Mr. L.V.T's company was allocated land by the State with land use fees to implement commercial housing and apartment projects for sale.
Detailed 1/500 plan approved by the Provincial People's Committee: total land area 3,000 m2, basement 2,500 m2, area 2,000 m2 for construction, area 500 m2 for public purposes, internal traffic road land must be handed over to the State upon acceptance of the project.
Mr. T's company was allocated land by the Provincial People's Committee and calculated land use fees of 2,000 m2 (in 2016), without allocating the basement area exceeding the area of the apartment building block (2,500 m2 - 2,000 m2).
Currently, the Provincial People's Committee is based on Clause 1, Article 216 of the 2024 Land Law to request the company to prepare a land lease application dossier for the area of underground construction exceeding the boundary of the construction part on the ground.
Mr. T asked, is this in accordance with the provisions of law?
The Ministry of Agriculture and Environment answers this question as follows:
Clause 28, Article 3 of the 2013 Land Law explains the wording: "Land for underground construction is the land for building works in the ground where this work is not the underground part of the construction on the ground".
Clause 6, Article 2 of Decree No. 39/2010/ND-CP regulating the management of urban underground construction space defines: "The underground part of construction works on the ground" is the basement (if any) and parts of the works located underground.
Clause 1, Article 216 of the 2024 Land Law stipulates: "Land for construction of underground works includes land for construction of above-ground works serving the operation, exploitation and use of underground works and underground space for construction of works underground that are not underground parts of above-ground works".
Clause 1, Article 145 of the 2013 Land Law stipulates: "Land for building apartment buildings includes land for building apartment buildings, building works directly serving the lives of households in apartment buildings and community service works according to construction plans approved by competent state agencies".
Thus, from the above definitions, the basement of the apartment building is not land for underground construction according to the provisions of law, and does not fall into the case of land lease.
It is requested that you contact the land management agency in the area where the land is located for guidance and resolution according to their authority and legal regulations.
