The People's Committee of Ho Chi Minh City has just issued a decision on determining areas where real estate project investors and housing construction investment projects are allowed to transfer land use rights with technical infrastructure to organizations and individuals to build their own houses in the area.
According to the decision, investors of real estate projects and housing construction investment projects in the entire Ho Chi Minh City area are not allowed to transfer land use rights with technical infrastructure in the project to organizations and individuals to build houses themselves.
Particularly for investors of real estate projects and housing construction investment projects with the goal of resettlement using land in communes, towns and districts of Ho Chi Minh City, if ensuring the conditions as prescribed in Article 31 of the Law on Real Estate Business 2023 and Clauses 1 and 2, Article 45 of the Land Law 2024, investors are allowed to transfer land use rights with technical infrastructure to individuals to build their own houses.
According to the decision, investors of real estate projects and housing construction investment projects with resettlement goals using land in communes, towns and districts of Ho Chi Minh City must send written notices to the Department of Construction and the People's Committee of the district where the project is located.
District-level People's Committees are responsible for inspecting, supervising and recording the construction of technical infrastructure in real estate projects and housing construction investment projects with resettlement objectives using land as prescribed in this Decision.
The Department of Construction shall preside over and coordinate with relevant departments and the People's Committees of districts to be responsible for synthesizing, reporting, resolving difficulties and problems or reporting and proposing to the Ho Chi Minh City People's Committee according to its authority.
According to the provisions of the Law on Real Estate Business 2023 effective from August 1, 2024, wards, districts and cities of special urban areas are not subject to auction of land use rights to invest in housing construction projects according to the provisions of the Land Law.
For the remaining areas, the provincial People's Committee shall, based on local conditions, determine the areas where project investors are allowed to transfer land use rights with technical infrastructure to individuals for self-construction of houses.
In Ho Chi Minh City, five suburban districts, including Binh Chanh, Hoc Mon, Can Gio, Cu Chi and Nha Be, are still considered rural areas and under the decision-making authority of the Ho Chi Minh City People's Committee.
The Ho Chi Minh City People's Committee is developing a project "Investing in building districts into districts or cities under Ho Chi Minh City in the period of 2021 - 2030". From now until 2030, the districts will focus on investing in infrastructure construction to improve urban indicators and gradually transform into cities under Ho Chi Minh City.
To ensure consistency in the application of legal regulations, the Ho Chi Minh City Department of Construction has proposed that real estate project investors throughout the city must complete housing construction according to regulations before carrying out procedures for transferring land use rights and housing ownership rights to organizations and individuals.
