Decree No. 69/ND-CP dated July 15, 2021 of the Government (referred to as Decree 69) on renovating old apartment buildings is considered the most complete Decree and is expected to remove the existing "bottlenecks". for many years in Vietnamese cities in urban embellishment and new construction of old degraded apartments.

             Apartment 13C Ky Dong, Ward 9, District 3, Ho Chi Minh City. Documentary photo: VNA

However, practical implementation in some localities; in which, there is City. Ho Chi Minh City has revealed many problems that need to be further removed to perfect the policy and create a breakthrough in the renovation of old apartments.

One of the entanglements, according to the leader of the City People's Committee. Ho Chi Minh City is the compensation of state-owned apartments. Even though Decree 69 is "born" later, there is still no regulation on compensation to the state for apartments in this case when making new projects, no provisions for compensation in cash or houses for houses. The country where the investor is responsible for building and handing over the new apartment to the state.

Faced with this fact, the City People's Committee. Ho Chi Minh City proposed the Ministry of Construction to agree on the application of the transition clause of Decree 69 to continue implementing the approved compensation, support, temporary settlement and resettlement plan of the project. The project to renovate and rebuild apartment buildings has been implemented in Ho Chi Minh City. Former Ho Chi Minh in 2 directions.

Specifically, it is approved that the investor has provided cash support to people who are renting state-owned apartments without the need for resettlement to take care of their own new accommodation, equal to 60% of the land value and 60 percent of the land value. % of house value according to assessed compensation unit price. The second direction is that the investor is responsible for continuing to pay the state budget the remainder equal to 40% of the land value and 40% of the house value according to the assessed compensation unit price.

Regarding the order and procedures for implementing the decision on land allocation and the procedure for approving the investment policy for the project of renovation and reconstruction of the apartment building, according to the representative of the City People's Committee. In Ho Chi Minh City, there is currently a lack of synchronism between Decrees with relevant contents such as Decree No. 31/2021/ND-CP, Decree 69, Law on Land, Law on Investment.

Therefore, the City People's Committee. Ho Chi Minh City proposed the Ministry of Construction to comment on the decision to approve the compensation plan issued by the City People's Committee. Ho Chi Minh City issued under Decree 69 is considered a legal document to propose the approval of investment policy and investor approval, on that basis the City will continue to implement the following procedures. related according to regulations.

In addition, according to the City People's Committee. In Ho Chi Minh City, there are currently a number of apartment buildings in the area that need to be rebuilt with a small land area of ​​less than 1,000 m2, although the planning and architectural criteria have been adjusted, but it is still not feasible to do so. invest in rebuilding apartment buildings. Meanwhile, Decree 69 does not specify the handling of houses and land in this case.

The City People's Committee also proposed the Ministry of Construction to give opinions in the following direction: The State will organize the relocation, arrange resettlement for people in other locations with public investment capital and the location of the apartment land. The old land will be converted to the appropriate planning and land use functions to hold auctions according to regulations.

According to the report of the City Department of Construction. In Ho Chi Minh City, there are 474 apartment buildings built before 1975 in the city; in which, there are 15 grade-D apartments. In 2021, the city has relocated all 6 apartments, moved 5 apartments in progress, dismantled all 4 apartments, recognized investors for 11 apartments. Particularly in 2022, the city sets a goal to accelerate the construction of 6 projects with a scale of nearly 3,000 apartments, including 2 projects to rebuild grade-D apartments and 4 projects of the previous phase.

To achieve that target, the City People's Committee. Ho Chi Minh City People's Committee has assigned the People's Committees of District 1, District 3, Binh Thanh and Tan Binh to review, report and propose specific difficulties and problems remaining in the procedures for compensation, support and rehabilitation. settlement and investment in new construction. For the Department of Natural Resources and Environment, the City People's Committee. Ho Chi Minh requested to review the legal problems of land in land allocation procedures, related financial obligations./.

 

 

 

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