Hanoi issues new regulations on separating land parcels into independent projects

Districts make a list of recovered projects twice a year

Chairman of the Hanoi People’s Committee Chu Ngoc Anh has just signed and promulgated Decision No. 22/2022 on amending and supplementing a number of articles of the Regulation issued together with Decision No. 11/2017 on some contents of land recovery. , land allocation, land lease, change of land use purpose to implement investment projects in the city.

Accordingly, the decision to amend Article 4 (Establishment of a list of works and projects for land recovery; a list of works and projects that use land for rice cultivation, protection forest land, and special-use forest land for other purposes) district annual land use plan).

Specifically, the list of works, land recovery projects; the list of works and projects using land for rice cultivation, protection forest land, and special-use forest land for other purposes: Based on the five-year city land use plan (2021-2025) and subsequent periods; district-level land use planning for the 2021-2030 period and current regulations, in May and September every year, the district-level People’s Committees make a list of projects requiring land recovery (according to Clause 3, Article 62 of the Land Law). belt 2013); list of projects land re-purpose to plant rice, protective forest land, and special-use forest land (according to Clause 1, Article 58 of the 2013 Land Law) for other purposes, report to the Department of Natural Resources and Environment to summarize and submit to the City People’s Committee to report to the City Council at the next period. mid-year and year-end meetings.

Regarding the district-level annual land use plan: The district-level People’s Committee shall organize the determination of the scale and location of the land-use works and projects to formulate the district-level annual land use plan according to the provisions of Clause 6, Article 36. Circular No. 01/2021/TT-BTNMT dated April 12, 2021 of the Ministry of Natural Resources and Environment (technical regulations for formulation and adjustment of master plans and plans on land use) report to the Department of Natural Resources and Environment for assessment. and submit to the City People’s Committee for approval according to regulations.

For projects receiving transfer, lease of land use rights, receiving capital contribution with land use rights: Quarterly, on the basis of the local demand for land use for socio-economic development, a written request of the organization implementing the form of transfer, the scale of the project, the Department of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Department of Planning and Architecture, the People’s Committee of the district (where the land is located) in organizing the review of the origin. , land use status; evaluate the conformity with the land use planning and construction planning, submit to the City People’s Committee for approval the annual land use plan as a basis for carrying out the procedures for receiving the transfer according to the process and regulations. .

The land plot to be split into an independent project must have sides of 10m or more

In this decision, the City People’s Committee also added a number of contents to Article 8a (Some contents are implemented for land-use projects through the form of transferring, leasing land use rights, receiving capital contribution in the form of land use rights). using land).

The decision clearly states the conditions, criteria, scale and ratio of the parcel of land to split into an independent project.

Specifically, it must be redundant, not divided; having at least one side located adjacent to an existing road, or a planned route, capable of connecting with the general technical infrastructure of the area. The size of the sides of the land plot is 10m or more (for commercial, service and other land) or 20m or more (for non-agricultural production and business land).

At the same time, it must have an area outside the red line at least 200m2 or more (for commercial, service and other land) or 400m2 or more (for non-agricultural production and business land) and occupy from 10% or more of the land area for the project…

This Decision takes effect from June 4, 2022.

Thanh Son

The land is reeling with big waves, Hanoi directs ‘hot’ to stop subdivision and division of plots

The Hanoi Department of Natural Resources and Environment (NRE) has requested the People’s Committees of districts and towns to suspend the division of plots and parcels of agricultural land, except for a few specific cases.