The land is a rather special asset and receives the top attention of everyone. On the other hand, buying and selling land is now quite common, in some unfortunate cases, we can buy land with suspended planning. What should we do then to protect our legal rights? The following article, Lawyer X will help you answer questions related to the issue of “Solution when buying land with hanging planning in Vietnam”, as follows:
Legal grounds
Construction Law 2014
Land Law 2013
Construction Law amending and supplementing in 2020
What is hanging planning?
Clause 2, Article 49 of the Land Law stipulates that the land use planning has been announced. In case there is no annual land use plan of the district level, the land user may continue to use and exercise the rights of the land user. prescribed land. It can be understood that a suspended planning means that after 3 years from the date of publication of the annual land use plan, it has not been used and has not been announced to adjust, cancel, recover or change the land use purpose for land. under planning.
How is suspended planning land handled?
This land in the case of suspended planning under the provisions of the Land Law may be handled as follows:
- If there is an annual land use plan of the district level, the land users in the area must change the land use purpose. And land acquisition according to the plan to continue to exercise the rights of land users; but not to build new houses, works, plant perennial trees. the land user needs to renovate and repair houses; Existing works must be permit by competent state agencies in accordance with law.
- The land area stated in the annual district-level land use plan has been announced that must be recovered for project implementation or the land use purpose must be changed, but after 3 years there is no decision on land recovery or permission has been obtained. And if the land use purpose is change, the state agency competent to approve the land use plan must adjust or cancel it; and must announce the adjustment and cancellation of the recall; or change the purpose of the land area stated in the land use plan.
In case the competent state agency approving the land use plan is not adjust; cancel or adjust, cancel but do not announce the adjustment; canceled, the land user is not restricted in rights as prescribed above.
Land use right to land under planning
The issue of transferring land use rights
Land users may transfer land use rights to land under the planning according to the provisions of Clause 2, Article 49 of the Land Law, specifically as follows:
- Firstly, in case the land use planning has announced but the district level has not yet issued an annual land use plan, the land user may continue to use the land and exercise the rights of the land user in accordance with the provisions of this Law.
- Second, if there is an annual land use plan at the district level, the land users in the area must change the land use purpose and recover the land according to the planning in order to continue exercising the rights of the land users. land but not under new construction. housing, construction, planting perennial trees. if land users wish to renovate or repair existing houses or works, they must obtain permission from competent state agencies in accordance with law.
Compensation for land under planning
According to the provisions of Clause 1, Article 75 of the Land Law regarding the conditions for compensation for land, the land user shall compensate when fully meeting the following conditions:
- Firstly, Households and individuals are using land other than leased land with annual rental payment;
- Secondly, Have a certificate of land use right. Certificate of house ownership and residential land use right, and certificates of land use rights; ownership of houses and other land-attached assets (collectively, the Certificate); or are eligible for a certificate but have not yet been grant.
Instructions for handling when buying land with hanging planning
Firstly, instructions for applying for a construction permit with a term.
A construction permit with a definite term is a construction permit granted for the construction of works or separate houses to be used within a certain period of time according to the implementation plan of the construction planning.
Clause 2, Article 94 of the Construction Law 2014 is amended and supplemented by Clause 33, Article 1 of the revised Construction Law 2020, which stipulates that separate houses that are granted construction permits with a definite term must meet the conditions specified in Clause 1. This Article and Points b, c, and d Clause 1 Article 93 of this Law.
A separate house that granted a construction permit with a definite term must satisfy the following conditions:
- Belonging to an area with a construction zoning planning approved by a competent state agency; announced but not yet implemented and no decision on land acquisition has been made.
- In accordance with the scale of works prescribed by the Provincial People’s Committee for each area; and the duration of the work’s existence according to the implementation plan of the approved construction subdivision planning.
- The investor commits to demolish the work by itself when the term of existence expires.
- And ensure the safety of adjacent works and works; and requirements on environmental protection, fire and explosion prevention and control. In addition, ensure the safety of technical infrastructure, protection corridors of irrigation works and dikes, energy, traffic, cultural heritage areas, historical – cultural relics. Finally, ensure a safe distance to inflammable, explosive and toxic works, and important works related to national defense and security.
- There are designs to build separate houses according to regulations.
- Having a valid application for a construction permit.
Secondly, instructions on the procedure for requesting deletion of the planning
Competence to issue decisions on master plans and plans on land use according to Article 45 of the Land Law is as follows:
- National Assembly shall decide on national master plans and plans on land use.
- Then Government shall approve provincial-level master plans and plans on land use; national defense land use plannings and plans; planning, security land use plan.
- Provincial-level People’s Committees shall submit the planning to the People’s Councils of the same level for approval; and provincial land use plans before submitting them to the Government for approval.
- And provincial-level People’s Committees approve district-level master plans and plans on land use.
- The district-level People’s Committees shall submit the district-level land use plans to the People’s Councils for approval before submitting them to the provincial-level People’s Committees for approval.
- Then The district-level People’s Committees shall submit the district-level annual land use plans to the provincial-level People’s Committees for approval.
- And The provincial-level People’s Committees shall submit to the provincial-level People’s Councils for approval the list of projects requiring land recovery as prescribed in Clause 3, Article 62 of this Law before approving the district-level annual land use plans.
Related article
- Things to know when using residential land in Vietnam
- Types of land use for commercial housing in Vietnam
- Publicization of construction planning in Vietnam
Related questions
According to the provisions of Clause 2, Article 3 of the 2013 Land Law, land use planning is the allocation and zoning of land according to space used for socio-economic development goals; national defense, security, environmental protection; and climate change adaptation on the basis of land potential; and land use needs of sectors and fields for each socio-economic region; and administrative units for a specified period of time.
Deposit transactions, real estate purchases, and sales are civil transactions. According to Article 26 of the 2015 Civil Procedure Code, disputes over civil transactions fall under the jurisdiction of the People’s Courts at all levels.
– Firstly, National land-use planning;
– Secondly, Provincial land-use planning;
– Thirdly, District-level land use planning;
– Finally, Planning on land use for national defense and security
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