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Hai Duong Provincial People's Committee has issued regulations on conditions, criteria, scale, and ratio to separate land areas managed by State agencies and organizations into independent projects in Hai Duong province.
This provision only applies to investment projects that use land to implement socio-economic development projects through agreements on receiving land use rights as prescribed in Article 127 of the Land Law.
Accordingly, the conditions for separating the land area managed by State agencies and organizations into an independent project are that it must be consistent with the approved district-level land use planning and other relevant planning; there must be no disputes, complaints, or violations, or there must be disputes, complaints, or violations but there must be written settlements according to regulations.
The criteria for separating a land area is that the land area must be one or more adjacent plots of land, not interspersed, and not divided by plots of land that are not land managed by State agencies or organizations.
That land area has at least one side bordering an existing road, a planned road, a road traffic safety corridor, or has at least one side bordering a waterway where the land area managed by a State agency or organization has a planned inland waterway port or wharf.
The land area managed by State agencies and organizations is planned in detail and has a master plan; its shape and size must meet technical standards and regulations, and be suitable for the purpose of using each type of land and construction in each specific case.
For investment service and trade projects in wards of cities, towns and townships in districts, urban planning areas, in which the land area managed by State agencies and organizations accounts for 40% or more of the land area for implementing new investment projects (or the land area requested for expansion for expansion investment projects) and has a minimum area of 1,000 m2.2.
For investment service and trade projects in areas not covered by the above cases, in which the land area managed by State agencies and organizations accounts for 45% or more of the land area for implementing the new investment project (or the land area requested for expansion for the expansion investment project) and has a minimum area of 2,000 m2.
For projects using land on riverbanks, in which the land area managed by State agencies and organizations accounts for 95% or more of the land area for implementing new investment projects (or the land area requested for expansion for expansion investment projects) and has a minimum area of 1,000 m2.2.
For projects not covered by the provisions in the above cases, in which the land area managed by State agencies and organizations accounts for 60% or more of the land area for implementing the new investment project (or the land area requested for expansion for the expansion investment project) and has a minimum area of 3,000 m2.
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