Omissions, violations of housing law
The Government Inspectorate has just issued Notice No. 1105/TB-TTCP, Notice of Inspection Conclusion on the compliance with legal regulations in land management and use and construction planning, construction permits in Hanoi City.
Notably, regarding the planning, management, and use of the 20% land fund for social housing (NƠXH), the Government Inspectorate clearly stated:
Hanoi City is a place where many low-income workers are concentrated, with high demand for social housing, but the planning and management, use of the 20% land fund for social housing is still limited, not achieving the goals and requirements for social housing development; some still have shortcomings and violations of housing laws, specifically:
Regarding planning: in the period from 2011 - 2022, there were 8 urban area and housing projects with a scale of 10ha or more, the City People's Committee when approving the plan did not allocate 20% land fund for social housing development; 4 projects were approved by the Prime Minister to allow payment in cash equivalent to the land fund value of 20% and must allocate enough land fund to build social housing in other locations, but at the time of inspection, the City People's Committee had not implemented it; 3 projects with a scale of 10ha or more did not allocate enough land fund to build social housing according to regulations.
At the Xuan Phuong Ecological Housing Area Project: Hanoi City People's Committee allocated 6,890m2 of land belonging to land plots BT6 and BT11 with the function of using land as Ecological Villas to develop social housing is not feasible and not suitable for the needs of low-income people;
At the commercial housing project to build housing for Deputy Minister-level and equivalent officials currently working in agencies of the National Assembly: The City People's Committee approved investment in accordance with the detailed construction plan at a scale of 1/500 of Xuan Phuong new urban area, but by 2014, the City People's Committee adjusted the detailed plan, and included the project in the 20% land fund for social housing development, which is not in accordance with the project investment objectives and detailed plans that have been approved and approved before.
In the period from 2011 to before August 13, 2019, the city has not separately monitored the management and use of money equivalent to the 20% land fund value for social housing development; has not had guidance, management, and urging for investors to fulfill the obligation to pay money equivalent to the 20% land fund value to supplement the local budget for social housing construction investment;
Have not summarized the revenues that units have paid into the State budget; have not separated the revenue equivalent to the 20% land fund value when determining the financial obligations of investors when land is allocated for project implementation (the collection and payment are not separately accounted for but are included in the total land use fee revenue);
The City People's Committee has not invested in building social housing with state budget capital for 10 projects that have been allocated land funds, while the revenue equivalent to the 20% land fund value from the projects that have been collected is very large, causing land waste.
Handling according to regulations in cases where investors do not implement
The Government Inspectorate proposed that the Prime Minister consider and direct the Hanoi People's Committee to allocate sufficient land funds to build social housing in 2026 for: 8 projects from 10ha or more but the City People's Committee does not allocate land funds; 4 projects approved by the Prime Minister to allow the selection of the form of payment in cash and must allocate land funds to build social housing instead in other locations; 3 projects with a scale of 10ha or more are allocating less land area to build social housing.
Urge and request investors of commercial housing projects and urban areas to urgently deploy social housing construction investment on 20% land fund according to the approved progress; in case investors do not implement it, handle it according to regulations to choose other investors to implement or to invest in building social housing with state budget capital from revenue in cash equivalent to the value of 20% land fund at projects according to regulations.
