On the Ministry of Construction's Information Portal, reader H.T. C wondered:
I bought a land plot in Cu Chi commune, Ho Chi Minh City (formerly belonging to Tan Thong Hoi commune), the land plot has been granted pink books by the state since 2020. This land plot belongs to the type "Land for newly built residential groups in mixed-use land areas" as regulated in item 6. 3 Decision No. 4794/QD-UBND of Ho Chi Minh City People's Committee signed on September 4, 2013.
In item No. 3, point a, clause 1, Article 5 of Decision No. 60/2017/QD-UBND, it is recorded: In case the detailed construction plan at a scale of 1/2000 or the zoning plan at a scale of 1/2000 or the detailed construction plan of rural residential points has been approved by a competent state agency to determine that the land plot belongs to the new residential land plan, mixed-use land (including residential land function) and is in the annual land use plan at the district level, to recover for project implementation, land plot separation is not allowed.
After 3 years, from the date of reviewing and approving these plans, if there is no annual land use plan at the district level or it is in the annual land use plan at the district level and there is no notice of land recovery, no decision on land recovery, and the competent state agency does not adjust, cancel or adjust or cancel but does not announce the adjustment or cancellation of the annual land use plan at the district level, then land plot separation is allowed.
After that, Ho Chi Minh City inspected land violations in Cu Chi and issued Conclusion No. 08/KL-TTTP-P3 dated June 15, 2020. According to Official Dispatch No. 5426/UBND-VP of Cu Chi District People's Committee signed on June 17, 2022 sent to Ho Chi Minh City People's Committee requesting measures to rectify violations, this land has been approved by all levels of both Cu Chi district and Ho Chi Minh City as follows:
Document No. 5772/UBND-QLĐT dated May 15, 2019 sent to the Department of Planning and Architecture; Document No. 2735/SQHKT-HTKT dated June 12, 2019 and 8196/UBND-QLĐT dated July 15, 2019 accepting infrastructure investment; Document No. 14275/UBND-QLĐT dated November 29, 2019 accepting infrastructure inspection before asphalt paving; Document No. 15520/UBND-QLĐT dated December 30, 2019 accepting traffic connection; Document No. 15521/UBND-QLĐT dated December 30, 2019 accepting infrastructure acceptance; Document No. 2331/UBND-QLĐT dated March 16, 2020 approving land relocation.
Currently, I have a need to build a house to live on this land plot, but when I sent a request for a construction permit, the commune did not agree because it was waiting to remedy violations.
According to the above documents, I see that the investor who sold this land plot to me did not violate regulations in plot separation and sale to people, so the fact that up to now Cu Chi Commune People's Committee has refused to issue construction permits to people is incorrect. Currently, the 1/2000 zoning plan mentioned above has expired, but Ho Chi Minh City has not issued a new 1/2000 plan. I would like to ask in this case, can I apply for a construction permit?
Answering this question, after research, the Department of Economics - Construction Investment Management (Ministry of Construction) has the following opinion:
Because the content of the citizen's request for guidance is not fully documented, therefore, the Ministry of Construction guides citizens on the principles as follows:
Conditions for issuing construction permits for individual houses have been specifically stipulated in Clause 3, Article 93 of the 2014 Construction Law (amended and supplemented in Architecture Law No. 40/2019/QH14 and Law No. 62/2020/QH14). It is requested that citizens have a basis for implementation.
In case all conditions are met according to this regulation, citizens, based on the provisions of point a, clause 1, Article 106 of the 2014 Construction Law, contact the competent authority for issuing construction permits to implement according to regulations.
