Proposal to give priority to local people to auction land first

The Ho Chi Minh City Real Estate Association (HoREA) has just submitted to the Government and the Ministry of Natural Resources and Environment a proposal to amend the regulations under the Law on Separation of Residential Land parcels to limit the separation of agricultural and non-agricultural land plots. industry to distribute plots to sell the ground is rampant.

One of the notable recommendations of HoREA is to supplement the regulation that the subjects participating in the auction of residential land plots must be people in the commune.

The reason why the association proposed this option is due to practical observations, when the public auction of residential land lots happened, many auction winners were not locals but people from urban areas or other places. other paintings buy. After the auction finished, because there was no real need, this group of people did not build houses to live in, but only for the purpose of reselling and making a profit. Since then, land traders and storks have begun to inflate prices to sell goods, causing local virtual land fevers.

HoREA also mentions the case that in the existing and stable urban areas and rural residential areas, there is still a situation where agricultural land is interspersed with residential land. In this situation, the law on land needs to stipulate mechanisms and conditions to solve the needs of people who want to separate the agricultural land plots interspersed with residential land in the same land plot, or as an independent land plot in the same area. urban areas, rural residential areas. This not only ensures the rights of land users, but also ensures synchronous infrastructure connection and is consistent with the approved planning.

However, due to the lack of strict state management (especially at the grassroots level), many people take advantage of illegal real estate business. Therefore, many localities still have the situation of transforming agricultural land plots with an area of ​​500 m2 or 1,000 m2 to fit the area of ​​a plot of villas and garden houses, leading to the situation of traders, land storks, etc. Enterprises circumvent the law to take advantage of subdivision, selling land rampantly, causing virtual fevers, disrupting land use planning.

HoREA recommends assigning the provincial People’s Committees based on plannings, land use plans, detailed construction plannings and specific local conditions to specify conditions for splitting and merging residential land plots in rural areas. , urban. Similarly, the provincial People’s Committee should be empowered to stipulate the minimum area to be divided for residential land in rural areas or residential land in urban areas.

According to a report by HoREA, from 2017 to now, in some localities, there have been cases of land dealers, land storks, businesses circumventing the law many times, causing virtual land fevers associated with the situation of subdivision and overflow of plots. negative impact on the real estate market. These acts affect social order and safety. One of the reasons may stem from the inadequacy of a number of provisions under the Law allowing the separation of agricultural land and non-agricultural land that is not residential land.

Therefore, it is necessary to amend a number of provisions of the Decrees detailing and guiding the implementation of the 2013 Land Law, and at the same time add to the Draft Decree amending and supplementing so that the documents under the law are more closely related. with more practice.

Trung Tin