Land is an extremely valuable asset of the nation and nation. In order to modernize the country, the State needs planning. So about the matter “Build a house on land with green tree planning in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
- Construction Law 2020
What is green tree planning land?
Article 2, Clause 3, Article 3 of the 2013 Land Law stipulates: “Land use planning is the allocation and zoning of land according to a use space, serving the goals of socio-economic development and national development. security department, environmental protection, etc. On the basis of land potential and use demand of industries and fields for socio-economic regions and administrative units in a defined period of time”.
Accordingly, land planned for greenery is land that is planned to be used for the purpose of planting trees, often associated with the construction of parks, playgrounds, and common areas. Green land plays a role in creating landscapes and protecting the environment, especially in urban areas. Currently, land for planning green trees is often found in big cities, urban areas and industrial zones.
To identify whether the land belongs to the green tree planting project plan, it can be determined by the following:
• Based on zoning notes on land title certificates. However, there are many cases where this information has not been updated on the red and pink books.
• Ask for planning information at the urban management office.
• Use local online planning information search tool (currently only available in Hanoi and HCMC).
• Find out through local professional real estate companies and brokers.
Build a house on land with green tree planning in Vietnam
The construction of houses on land under the green tree planning encounters some limitations according to regulations. According to the law of the law related to planning land, depending on each case, residents can completely build houses on the land or not. The provisions for this element are as follows:
• Planning information has been announced but no annual land use plan has been issued by the District People’s Committee: It is allowed to apply for a construction permit and carry out the work as usual.
• There is an annual land use plan of the district-level People’s Committee: it is not allowed to build new works or houses on the land. People can apply for permission to repair and renovate the work. But must be approved by the competent authority.
• Land under the suspended planning (land under the planning and has a district land use plan, but after 3 years from the date of issuance of the plan, the land acquisition plan has not been announced): people monitor the cancellation or adjusted to comply with regulations. However, if there is no announcement of cancellation or adjustment, construction can be carried out as usual.
In some cases, the land under the green project can be built as a normal building. However, the construction of houses on land belonging to green trees must comply with the following regulations:
General conditions for granting permits to build houses on land with greentree planning
Conditions for being granted a construction permit with a definite term specified in Clause 1, Article 91 of the revised Construction Law 2020 are as follows:
• Belonging to an area with construction zoning planning, functional zone construction zoning planning or detailed planning, detailed construction planning of functional zones already approved and announced by competent state agencies but has not yet implemented and no decision on land recovery issued by competent state agencies;
• In accordance with the scale of the work prescribed by the People’s Committee of the province for each area and the duration of the work’s existence according to the implementation plan of the construction subdivision planning, the functional zone construction subdivision planning or detailed planning, detailed planning on construction of functional zones already approved by competent state agencies;
• Suitable for land use purposes as determined in the legal documents on land of the applicant for a construction permit with a definite term;
• When the duration of the work’s existence specified in the definite construction permit expires and the competent state agency issues a decision to recover the land, the investor commits to demolish the work by himself, if not self-demolition. shall be coerced and bear all costs of demolition. In case the construction planning is not implemented past this time limit, the investor may continue to use the work until the competent state agency issues a decision on land recovery. The support when demolishing shall comply with the provisions of the law on land.
Procedures for applying for a permit to build a house on land with green tree planning
Step 1: Prepare documents
Pursuant to Article 11 of Circular 15/2016/TT-BXD, the required documents include:
• An application form for a construction permit, made according to the form in Appendix 1 of this Circular.
• A copy or file containing the original copy of one of the documents 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 drawing designs approved in accordance with the law on construction, each set includes:
• A drawing of the construction site on the land lot, scale of 1/50 – 1/500, together with a map of the location of the work;
• Drawings of floors, elevations and main sections of the work, scale 1/50 – 1/200;
• Drawing of foundation ground plan scale 1/50 – 1/200 and footing cross section at scale 1/50 with connection diagram of rainwater drainage system, wastewater treatment, water supply, electricity supply, rate information rate 1/50 – 1/200.
• In case the construction design of the work has been appraised by a specialized construction agency, the design drawings specified in this Clause are copies or files containing snapshots of the construction design drawings already approved. professional construction agency.
• For an overcrowded construction with a basement, in addition to the documents specified in Clauses 1, 2, and 3 of this Article, the dossier must also include a copy or a file containing a photocopy of the original written approval of construction measures. the investor’s foundation ensures the safety of the works and neighboring works.
• For construction works with adjacent works, there must be a commitment from the investor to ensure the safety of the adjacent works.
Step 2: Submit your application
Submit the application to the People’s Committee of the district.
The district-level People’s Committees shall receive and process the dossiers.
Step 3: Return the result
Time limit for settlement: No more than 15 days from the date of receipt of complete and valid dossiers.
Services of LSX
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, LSX’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all brand information of client LSX will be 100% confidential.
Please contact us immediately if you have any questions about “Build a house on land with green tree planning in Vietnam”
Contact LSX
Finally, hope this article is useful for you to answer the question about “Build a house on land with green tree planning in Vietnam” If you need any further information, please contact LSX Law firm: at +84846175333 or Email: [email protected]
Please see more
- Conditions for the first issuance of a red book in Vietnam
- Do you need marital status certificate to make red book in Vietnam?
- Agricultural land use regime according to Vietnam land law
Frequently asked questions
Is it possible to subdivide plots to sell plots, build houses on land with green tree planning?
According to regulations, green land can be land used for public purposes, residential land and other types of land depending on the case. Therefore, whether it is possible to subdivide plots for sale, build houses on green land or not depends on the current land use status. In case the green land is used for public purposes such as construction of parks, roads, etc., it is not allowed to divide plots to sell plots or build houses. In this case, the green land is under the management of the State and must be used for the right purposes. If you want to subdivide plots to sell ground or build houses, you must change the purpose of land use to residential land to sell to people.
For the land recovered to implement the green tree planning project, compensation will be made according to the land value at the time of the decision on acquisition.
Land owners will be fully compensated for land value, investment value on land. Authorities will make compensation in land and houses. With better conditions either by the area of the recall or in the form of money, other measures of support.
According to the regulations, until there is a decision on land acquisition or conversion, the owner of the land under the green tree planning can transfer the land. Therefore, the purchase and sale is not limited to the case where there is or has not been a land use plan of the district-level People’s Committee.
Conclusion: So the above is Build a house on land with green tree planning in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
