There should be exceptional provisions in adjusting social housing planning.

Need to add exceptions in local planning adjustments

Recently, Mr. Le Hoang Chau, Chairman of the Ho Chi Minh City Real Estate Association (HoREA), has just sent a document with comments on the Draft Law on Urban and Rural Planning to the Prime Minister, the Ministry of Construction and the Economic Committee of the National Assembly.

Real Estate - HoREA: There needs to be exceptional regulations in adjusting social housing planning — According to HoREA, social housing is given preferential treatment in terms of construction density and land use coefficient according to the Housing Law, so there needs to be an exception in the adjustment of this type in the Law on Urban and Rural Planning.

HoREA Chairman Le Hoang Chau said that the Draft Law on Urban and Rural Planning is expected to create a legal basis and a synchronous, comprehensive, and unified management tool to regulate urban and rural planning activities.

At the same time, the Draft Law on Urban and Rural Planning will overcome existing shortcomings, limitations, inadequacies, difficulties and problems in practice, meeting the requirements of the country's new development stage.

To achieve the above goal, HoREA proposed to add an exception in local planning adjustment for cases of local adjustment of urban and rural planning to implement social housing projects, renovate and rebuild apartment buildings, and resettle on-site with preferential treatment in construction density and land use coefficient according to the provisions of the law on housing, then local adjustment of urban and rural planning is allowed to ensure project implementation.

According to the Chairman of HoREA, Section 8, Chapter II of the Draft Law stipulates the adjustment of urban and rural planning, especially Clause 2, Article 41 of the Draft Law on local planning adjustment stipulates local planning adjustment.

Specifically, local adjustments to urban and rural planning are carried out when the proposed adjustment content does not change the nature, function, boundary scope and main planning solutions of the area for which planning has been established and approved; ensuring that the technical infrastructure and social infrastructure of the area for which planning adjustment is planned are not overloaded.

In case of adjustment of boundaries or some planned land use indicators, or adjustment of specialized technical requirements for land lots to implement concentrated construction investment projects, or individual projects in areas with detailed planning that have been approved, local adjustments to the detailed planning may be made.

But it must ensure not to overload the technical infrastructure and social infrastructure of the area that has been established and approved for detailed planning and must comply with national technical standards on urban and rural planning; the state agency or project investor is the agency that organizes the establishment of local adjustments to the detailed planning.

Proposal to amend and supplement Clause 2, Article 41

The Association found that Clause 2, Article 41 of the Draft Law has determined the principle that the proposed adjustment content does not change the nature, function, boundary scope and main planning solutions of the area that has been established and approved for planning, ensuring that the technical infrastructure and social infrastructure of the area where the planning is expected to be adjusted are not overloaded.

In case of adjusting the boundary or some planned land use indicators, or adjusting specialized technical requirements for land lots to implement concentrated construction investment projects or individual works, in areas with approved detailed planning, local adjustments to the detailed planning may be made, but must ensure that the technical infrastructure and social infrastructure of the area for which the detailed planning has been established and approved is correct.

However, HoREA found that it is necessary to add exceptions in local planning adjustments for "cases of local adjustment of urban and rural planning to implement social housing projects, renovate and rebuild apartment buildings, and resettle on-site" because these cases are given preferential treatment in terms of construction density and land use coefficient according to the provisions of the law on housing.

Real estate - HoREA: There needs to be exceptional regulations in adjusting social housing planning (Figure 2).

Therefore, the Association proposes to amend and supplement Clause 2, Article 41 of the Draft Law to allow:

Firstly, local adjustments to urban and rural planning are carried out when the proposed adjustment content does not change the nature, function, boundary scope and main planning solutions of the area for which planning has been established and approved; ensuring that the technical infrastructure and social infrastructure of the area for which planning adjustment is planned are not overloaded.

Second, in case of adjusting the boundary or some land use planning indicators or adjusting specialized technical requirements for land lots to implement investment projects to build concentrated works or individual works in areas with approved detailed planning, local adjustments to the detailed planning may be made but must ensure that the technical infrastructure and social infrastructure of the area for which detailed planning has been established and approved are not overloaded and must comply with national technical regulations on urban and rural planning; the state agency or project investor is the agency organizing the establishment of local adjustments to the detailed planning.

Third, in case of local adjustment of urban and rural planning to implement social housing projects, renovation and reconstruction of apartment buildings, and on-site resettlement with preferential treatment in construction density and land use coefficient according to the provisions of the law on housing, local adjustment of urban and rural planning is allowed to ensure project implementation.

Fourth, the local planning adjustment does not follow the procedure of planning task preparation, appraisal and approval. The agency organizing the local planning adjustment can prepare the local planning adjustment dossier itself or choose a consulting organization that meets the requirements specified in Article 11 of this Law to organize the preparation of the local planning adjustment dossier.

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