Vice Chairman of Ho Chi Minh City People's Committee Bui Xuan Cuong has signed and issued Decision No. 83/2024 on regulations on determining areas where real estate project investors and housing construction investment projects are allowed to transfer land use rights with technical infrastructure to organizations and individuals to build their own houses in the city.

Ho Chi Minh City has officially banned the subdivision and sale of land in 5 suburban districts. Photo: Le Toan

Accordingly, investors of real estate projects and housing construction investment projects throughout the city are not allowed to transfer land use rights with technical infrastructure in real estate projects and housing construction investment projects to organizations and individuals who build houses themselves.

Investors of real estate projects, housing construction investment projects with resettlement objectives using land in communes, towns, and districts of the City, ensuring the conditions prescribed in Article 31 of the Law on Real Estate Business 2023 and Clauses 1 and 2, Article 45 of the Land Law 2024, investors are allowed to transfer land use rights with technical infrastructure in real estate projects, housing construction investment projects with resettlement objectives using land to individuals who build their own houses.

Speaking with a reporter from the Investment Electronic Newspaper - Baodautu.vn , Mr. Le Hoang Chau, Chairman of the Ho Chi Minh City Real Estate Association (HoREA) said that this regulation is not consistent with the 2023 Law on Real Estate Business.

Specifically, the 2023 Law on Real Estate Business stipulates conditions for land with technical infrastructure in real estate projects to transfer land use rights to individuals to build their own houses in cases where the land is not located in the ward, district, or city of a special, type I, type II, or type III urban area...

For the remaining areas, the provincial People's Committee shall, based on local conditions, determine the areas where project investors are allowed to transfer land use rights with technical infrastructure to individuals for self-construction of houses.

Thus, according to this regulation, real estate and housing project investors will not be allowed to transfer land use rights with technical infrastructure to individuals to build their own houses in 16 districts and Thu Duc City.

Particularly for the five districts of Binh Chanh, Nha Be, Hoc Mon, Cu Chi and Can Gio, Mr. Chau said that it is necessary to specify in detail the areas where real estate and housing project investors are allowed to transfer land use rights with technical infrastructure to individuals to build their own houses in the communes.

Previously, according to the assessment of the Department of Construction, Ho Chi Minh City is developing the Project "Investment - construction of districts into districts (or cities under Ho Chi Minh City) in the period of 2021 - 2030", accordingly, from now until 2030, districts will focus on investing in infrastructure construction towards urban indicators to become cities under the City.

To avoid discrimination between commercial housing construction investment projects and to unify the application of legal regulations in the City, real estate project investors throughout the City must invest in the complete construction of housing according to regulations, then carry out procedures for transferring land use rights, house ownership rights and other assets attached to land to organizations and individuals according to regulations.

However, HoREA believes that although the City has set a target for Binh Chanh, Nha Be, Hoc Mon, Cu Chi and Can Gio districts to become districts or cities under Ho Chi Minh City by 2030, currently all 5 districts are still districts under the city, not districts or cities under Ho Chi Minh City.

“With the spirit of respecting the law, abiding by the law, and complying with the law according to the provisions of the 2023 Law on Real Estate Business, all 5 districts are still in the remaining areas. The City will base on local conditions to determine the areas where project investors are allowed to transfer land use rights with technical infrastructure to individuals to build their own houses,” said Mr. Chau.

In addition, Mr. Chau assessed that the City's regulations are still not really suitable for reality, and the needs of people who want to receive the transfer of land use rights with technical infrastructure in real estate and housing projects in these 5 districts to build their own houses.