On the Ministry of Construction's Information Portal, reader H.T. C reflected that this person bought a land plot in the new Cu Chi commune (old Tan Thong Hoi commune), Ho Chi Minh City. The land plot has been granted pink books by the State since 2020.
This land area 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 stipulated: 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 included in the district-level annual land use plan for project recovery, 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 but there is no land recovery notice, no land recovery decision, the competent state agency does not adjust, cancel or has adjusted, canceled but does not announce the adjustment, cancellation of the annual land use plan at the district level, then land plot separation is allowed.
According to reports, Ho Chi Minh City then inspected land violations in Cu Chi and issued Conclusion No. 08/KL-TTTP-P3 dated June 15, 2020.
In 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 the levels of Cu Chi district and Ho Chi Minh City through many documents.
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 Document No. 8196/UBND-QLĐT dated July 15, 2019 accepting infrastructure investment; Document No. 14275/UBND-QLĐT dated November 29, 2019 accepting ground 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, people have a need to build houses to live on this land plot, but when submitting applications for construction permits, the commune does not agree on the grounds that they are waiting to remedy violations.
People believe that, according to the above documents, the investor selling the land plot did not violate regulations in separating plots and selling them to people. Therefore, the Cu Chi Commune People's Committee's refusal to issue construction permits to people is incorrect.
According to feedback, the 1/2000 zoning plan mentioned above has expired, but Ho Chi Minh City has not issued a new 1/2000 plan. People request the Ministry of Construction to guide whether this case can apply for a construction permit or not.
After research, the Economic - Construction Investment Management Department said that the content of the citizen's request for guidance is not complete with the accompanying documents.
Therefore, the Ministry of Construction provides guidance according to general principles.
Accordingly, the 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 the Architecture Law No. 40/2019/QH14 and Law No. 62/2020/QH14.
The Ministry of Construction requests citizens to base on these regulations to implement. In case they have all the conditions according to regulations, citizens, based on point a, clause 1, Article 106 of the 2014 Construction Law, contact the competent authority issuing the construction permit to implement according to regulations.
