Draft gets hammered by some quarter

A fresh point in the new draft which triggered heated debates is construction permits be given to land plots yet to procure land use right certificates, or the so-called red books.

In light of current regulations, besides having red books people can use one of 19 other kinds of land allocation papers. But, under the new draft people just need to show notarised copies of legitimate land use right papers and construction permit application records to ask for building permits.

Besides, the draft also considers giving permits to land plots which are yet to procure lawful documents, used and undisputed land having verification from commune-level people’s committees.

Under the Land Law, just district-level management authorities have the right to certify legal status of land owned by individuals and family households.

Dang Hung Vo, former deputy minister of Natural Resources and Environment assumed having red books must be taken as a primary factor in procuring building permits.

 “To ease procedural problems for people, we should first start with the Land Law, then construction licencing. If people find it hard to procure red books, deterring them from getting construction permits, that process must be tackled first,” said Vo.

The Ministry of Natural Resources and Environment’s General Department of Land Administration deputy chief Dao Trung Chinh said it would be important to make clear whether the land sourcing building permits is residence land, especially when lawful documents are not available.

“People should register with relevant state agencies land type and status, building area and date of land function change, from there procuring the rights for buildings, operating production and trading on the land or further transactions,” Chinh said.

Another point of hot debates in the draft is the regulation demanding construction departments in provinces and municipalities to pick Ministry of Construction comments when honouring building permits to works located in areas not having 1/500 detailed planning and approved urban planning rules.


Hanoi Construction Department deputy head Nguyen Khac Tho said just four inner districts of Hanoi had 1/500 detailed planning while many other districts only have 1/2,000 planning schemes.

“Besides, in many areas people cannot obtain land use right certificates though they live there for a long time and unlicenced construction has been commonplace,” said Tho.

According to a Ho Chi Minh City Construction Department representative, people are not required to show building permits when setting houses in areas which have already had 1/500 detailed planning. However, they will have to do so under the new draft which ‘would be a troublesome process’, said the representative.