Plugging land policy loopholes - Part 1: Ending "suspended" planning

Many households in Zone 4 and Zone 3, Tan Binh Ward (Hai Duong City) are "stuck" in the planning of the new commercial - tourism - cultural and urban area in the west of Hai Duong City. Photo: THANH CHUNG

However, the law also revealed many limitations when implemented in Hai Duong, which need to be overcome in the draft Land Law 2023 (amended).

There is planning but land use planning is not seriously implemented, leading to "suspended" planning, wasting State resources and causing public outrage.

Consequences of "suspended" planning

The 2013 Land Law (amended) provides many tools for state management of land, in which planning and land use planning tools are especially emphasized. However, after nearly 10 years of the law taking effect, many shortcomings have been revealed. Many urban area projects, residential areas, factory construction projects... were planned but slow to implement, leading to "suspended" planning.

Typical of these is the planning of the new commercial - tourism - cultural and urban area in the west of Hai Duong city in zone 3, zone 4, Tan Binh ward (Hai Duong city). These plans were established and approved in 2004-2005, and have been around for nearly 20 years but are still on paper. Many households living in the planning area are miserable because they "cannot leave or stay" because they are not granted permits to build or repair houses. Those with economic conditions leave their houses and land to buy other locations. Those with economic difficulties accept to stay but their daily lives are affected, travel is difficult, and every time it rains, flooding lasts for a long time because the drainage system is degraded and the junction between the implemented areas and the "suspended" areas is blocked.

People in the province were excited when in 2007, the Provincial People's Committee granted an investment certificate for the project of Processing Factory - General warehouse for preserving vegetables, tubers, fruits and a model introducing the production process of agricultural products to Vinamit Joint Stock Company. The project was built on an area of ​​nearly 35 hectares of land in Nam Dong and Ai Quoc wards (Hai Duong city). According to the plan, the project will build a factory to produce bottled juice with a scale of 500 liters/hour; process agricultural products; freeze and freeze warehouse with a scale of 3,000 - 4,000 tons/year, which is expected to solve the output for agricultural products of people in the province when put into operation, partly overcoming the situation of "good harvest, low price". However, 17 years have passed, the project is still only on paper, nearly 35 hectares of land planned for the project implementation are abandoned, used as grazing land for buffaloes and cows.

The situation of "easy to do, hard to abandon" in planning implementation is also common. Some planned residential areas include many types of land that need to be recovered, such as: agricultural land, commercial land, long-term residential land... Because the compensation cost for agricultural land is low and easy to recover, many investors only focus on clearing this area. As for commercial service land, long-term residential land... with high compensation value and difficult to clear, they "circle" it and then request the province to adjust that area out of the planning, leading to the approval of the detailed planning 1/500, it is "good" but when implemented, it is messy. As a result, the State loses tax revenue, the planning cannot be implemented, and people cannot build houses because the project is not accepted and handed over.

Therefore, it is necessary to strictly manage planning and land use planning. At the end of the planning and land use planning period, if the investor fails to implement, the State will reclaim and organize the selection of another investor who meets the requirements. Only by this measure can the current situation of "hanging" planning be ended.

Project of Processing Factory - General warehouse for preserving vegetables, tubers, fruits and model introducing the production process of agricultural products of Vinamit Joint Stock Company on an area of ​​nearly 35 hectares of land of 2 wards

Nam Dong and Ai Quoc (Hai Duong City) after 17 years are still just vacant land. Photo:ORCHIDS

Planning - a tool for state management of land

The Draft Law on Land 2023 (amended) has comprehensively institutionalized Resolution No. 18-NQ/TW dated June 16, 2022 of the 5th Conference of the 13th Central Executive Committee (Resolution 18). In which, the issue of planning is considered one of the core contents in Resolution 18. The draft law will be discussed for the first time at the 4th Session of the 15th National Assembly, expected to collect public opinions in early 2023 and approved by the National Assembly at the 6th Session - October 2023.

Resolution 18 clearly states that land use planning must combine land use indicators with space, land use zoning, natural ecosystems, and reflect information for each plot of land. Determining land use indicators must be consistent with land use needs, avoiding waste in land allocation, management, and use. Clearly and strictly regulate the approval and issuance of annual land use plans. The State ensures sufficient resources to establish land use planning and sectoral and field plans that use land.

Land use planning and planning tools are indispensable in state management of land, ensuring unified leadership and direction in state management of land. Through approved planning and plans, the use of land types is arranged and rationally organized. The state controls all developments in the land situation. Thereby, preventing the use of land for the wrong purpose and waste. Through planning and land use plans, people and businesses are only allowed to use land within their boundaries.

Currently, localities in the province are urgently completing the district planning for the period 2021-2030, with a vision to 2050, before completing the provincial planning for submission to the Government for approval. Many localities have completed the planning work and have been approved. The plans clearly show where the public areas, rural residential areas, urban land, national defense and security areas, industrial development areas, agricultural areas, tourism development areas, commercial areas, services, entertainment, traffic infrastructure, etc. are. The approved planning is the basis for implementing planning projects and creating conditions for controlling construction, developing the urban system, industry, technical infrastructure and social infrastructure of the locality in the right direction.

Next: Harmonious allocation of differential land rent