The Ministry of Construction responds to regulations on housing in industrial parks

Xuyên Đông |

The Ministry of Construction has just responded to citizens about housing regulations in industrial parks.

Citizen C.K reflected that currently, according to Decree No. 100/2024/ND-CP dated July 26, 2024 of the Government detailing a number of articles of the Housing Law on the development and management of social housing, industrial parks are allocated accommodation.

However, there are currently no detailed instructions on planning indicators for this type. The locality is still based on Official Dispatch No. 4308/BXD-HDXD dated September 3, 2020 on project investment management with accommodation apartments, offices combined with accommodation, resort villas, and adjacent commercial housing.

This document, at the time before the merger of ministries and branches, led to difficulties in state management in the field of planning and construction for the residential housing sector in industrial parks when industrial parks are currently massively adjusting the number of high floors, construction density and land use coefficient of land plots planned to build accommodation.

To ensure unified synchronous implementation methods nationwide, it is recommended that the agency guide and have documents directing the method of calculating the scale and indicators of technical infrastructure and social infrastructure to avoid doing it in the same way in each place, lacking synchronization, overloading technical infrastructure and social infrastructure.

Having documents or providing grounds to continue implementing the directives issued before the merger that are still effective after the merger of ministries and branches.

Regarding this content, the Ministry of Construction responded as follows:

Clause 1, Article 94 of the 2023 Housing Law stipulates:

"Based on the provincial land use planning, plans, programs, and housing development plans, during the process of establishing and adjusting the industrial park construction plan, the competent authority decides to arrange land funds within the commercial and service land area of the industrial park to build workers' accommodation in the industrial park and public service and utility works to serve workers working at enterprises, cooperatives, and production cooperative unions in that industrial park. The land for workers' accommodation in industrial parks and public service works and utilities must ensure a safe environmental distance from the production area in the industrial park".

At Point a, Clause 1, Article 57 of Decree No. 100/2024/ND-CP dated July 26, 2024 of the Government detailing a number of articles of the Housing Law on the development and management of social housing stipulates: Investment preparation phase:

The proposal; Decision and approval of investment policies; planning of workers' accommodation is implemented synchronously with the industrial park infrastructure investment project according to the law on industrial park and economic zone management, investment laws and other relevant laws".

Article 58 of Decree No. 100/2024/ND-CP dated July 26, 2024 of the Government detailing a number of articles of the Housing Law on the development and management of social housing stipulates:

During the process of planning for the construction of industrial parks, the People's Committee at the provincial level is responsible for allocating at least 20% of the commercial and service land fund of the industrial park to build workers' accommodation, except in cases where the provincial-level planning, land use plan, provincial-level housing development program and plan have arranged enough land to meet the housing needs of workers in that industrial park.

In case an industrial park has been formed but does not have or does not meet the requirements for workers' accommodation in the industrial park and still has the area of commercial and service land to ensure environmental safety as prescribed in Article 59 of this Decree, the enterprise operating in industrial park infrastructure can study and report to the Provincial People's Committee to adjust a part of the commercial and service land area to build a workers' accommodation".

Thus, the Law on Housing only regulates the scale and ratio of land area for developing workers' accommodation in industrial parks. The determination of the method of calculating the scale and indicators of technical infrastructure and social infrastructure is carried out in accordance with the Law on Urban and Rural Planning and the Law on Construction.

Xuyên Đông
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