Land is owned by the entire people and is represented by the state. In some cases, the state will have land planning projects. So about the matter “Should I buy land for planning under Vietnam law?” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
What is planning?
Planning is the distribution and arrangement of activities and factors of production, services and life in a territorial area (country, region, province, district) for a certain purpose in a certain period of time. medium-term and long-term (with phases) to concretize the socio-economic development strategy in the territory over time and serve as the basis for making development plans.
There are many types of planning at different levels, scopes and fields, such as planning for socio-economic development of a territory, planning for development of an economic – technical branch; staff planning; urban planning; construction planning of industrial parks of a province…
Planning is usually built on the development strategy of a territory or an industry, a field over time and is the basis for building short-term and medium-term development plans. The planning must be based on clear strategic intentions; scientific and rational calculation of natural, economic and social conditions; efficient use of resources. Therefore, the quality of the planning depends greatly on the strategic vision of all levels and authorities, the basic investigation and the ability to forecast future development trends.
What is land use planning?
Land use planning is the planning of the allocation and identification of an area of land to be used for a certain purpose such as for the purposes of national defense and security protection, environmental protection and adaptation. respond to negative changes in climate and socio-economic development, and at the same time make changes and orientations for land use in accordance with the land use needs of each industry, each field in each locality. Such orientation is applied to each economic region, within a specified period, and is divided into each specific land use planning period.
What is land for planning?
Planning land is the land included in the land use plan in each locality, divided according to each use purpose and divided into each period in a certain period of time. For example, some popular land plans such as residential construction planning, railway planning, road construction planning, etc.
This planning is put in place to make policies, develop the local economy, ensure the effective use of the land fund, and this is also the basis for the State to allocate land and issue the Certificate of land use right. use land, permit the change of land use purpose, or be the basis for the State to make compensation for land and land costs for people when there is a plan to recover land.
In each locality, there is a land use plan based on the land fund as well as the actual land use situation in the locality, and this plan may also change from time to time to ensure development.
How to know the land is in the planning?
The land planning in each locality is not the same and can also change over time, in addition, this plan may be public or not public, so if people want to learn about this land, Whether it is in the planning like or not can be found out by the following methods.
– Check planning based on information on red book (certificate of land use rights) or pink book (certificate of land use rights and assets attached to land).
In case the land has a book, usually planning information will still be recorded directly on the certificate of use right. Information about the zoning will be in the notes section, which also indicates what planning the lot is in. Land buyers can consider whether the plan is suitable for them to carry out land purchase.
– Ask the local real estate and service company to check the planning.
Since the companies working in the local real estate industry are land-based businesses, they will also be familiar with the local planning issues, asking the real estate company. in the locality will help to grasp planning information quickly and easily.
Should I buy land for planning under Vietnam law?
– Learn about land planning at competent state agencies.
The local competent state agency that has information on land use plans and master plans is the local land registration office (district-level Department of Natural Resources and Environment). This is the state agency that manages local land, so they are the one who knows best how the land is in the planning, so when people come to the Natural Resources and Environment Department to ask, they will get information correctly believe yourself.
And to be more sure, land buyers can apply for a Certificate of Planning Confirmation of the land they intend to buy, this will help to have accurate and clear information. However, in terms of time, it may take a long time because the time to get the certificate confirmed will be 10-15 days depending on the locality.
There are many ways to determine whether land is in the planning stage, or in what planning category, you can choose the most suitable and convenient way for you.
Whether to buy land in the planning no longer depends on the purpose and conditions of each person. For example, if the purpose of buying land is determined to be for a stable and long-term living, but it is found that this land is in the planning for construction of roads, or other types of planning where housing is not built, it should not be purchased to avoid being recovered during use.
However, if this house is in the planning and is sold at a cheap price, depending on the economic conditions, you can consider buying it, because the planning is something that can change over time, so know where this plan may be changed or removed in the future.
Depending on the intended use, you can choose accordingly. Buying planned land can present many risks but in many cases it is also an opportunity. Therefore, the buyer’s job is to find out clearly about the planning for the land and the house that he intends to buy so that it can be best suited for the purpose of use or his financial ability. Avoid not researching carefully, but suffer losses when buying and selling real estate and leading to unnecessary disputes.
Besides finding out whether the land is in the planning or not, when buying land, the buyer should also find out some other information about the land such as whether the land owner has a certificate of land use rights, the purpose of use stated on the land use right certificate, whether to build a house or structure, what is the origin of this land, or whether the land is in dispute, is being distrained to ensure These are all information that land buyers should understand clearly, because land is a valuable asset, so finding out clearly before buying will always help land buyers that you can avoid your own risk.
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Please see more
- Procedure of land acquisition for project implementation in Vietnam
- Rights and obligations of households, individuals using land in Vietnam
- Procedure for partial transfer of land use rights in Vietnam
Frequently asked questions
Buy planned land at the price of the state or the price of the market?
According to the principles in Article 6 of the 2013 Land Law, land must be used in accordance with the planning, plan and purpose of use. In Article 39 of the 2013 Land Law on master plans and plans on land use at provincial level and in Article 40 on master plans and plans on land use at district level of the 2013 Land Law, it is stipulated as follows: “For projects For projects on technical infrastructure, construction and embellishment of urban areas and rural residential areas, it is necessary to simultaneously determine the location and area of recovered land in the vicinity in order to auction the land use rights to implement the housing project accommodation, commerce, services, production and business”. From these regulations, it is found that the land in the planning for road construction must be bought and sold through auction.
When your family’s land is in the traffic planning, you can only build new houses and works when this land does not have the announced land use plan of the district-level People’s Committee where the land is located. If you build a separate house in an area where there is a construction planning for a construction subdivision licensed by a competent authority and an annual land use plan, you will not be granted a construction permit with a fixed term. to build new housing.
+ An application for a construction permit with a definite term
+ A copy or file containing the main photocopy of one of the papers proving the land use right as prescribed by the law on land;
+ A copy or file containing two main sets of technical design drawings or construction design drawings; or approved construction drawing design in accordance with the law on construction.
+ For construction works with basements, the dossier must also add a copy or a file containing the original copy of the written approval of the construction method desired by the owner to ensure the safety of the work and the public neighboring program.
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