Disoriented by Urban Planning Overlaps

The inspection results in many districts and towns of Ho Chi Minh City showed that in addition to the intractable problem of "hanging" planning, there is also an overlap between new and old planning, leading to many inconveniences. As a result, people suffer the most when many of their rights are restricted.

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HCMC resolutely enforces, dismantles many illegal construction works. Photo: H.Phuc.

Planning projects “soaked” for a long time

Binh Tan District is a district established about more than 20 years ago, on the basis of separation from a part of the territory of Binh Chanh District (old). According to the regulations, the period of review and adjustment for the detailed construction plan at a scale of 1/2000 is once every 5 years. The allocation of capital for urban planning work in this district must be registered through the Ho Chi Minh City Department of Planning and Investment (KHĐT) to establish a new catalog using career funding sources and must be approved by the City People’s Committee. policy and assign capital for implementation. However, through inspection, the Ho Chi Minh City Inspectorate pointed out a series of inadequacies in the planning work of Binh Tan district.

Specifically, in the period 2015-2022, the district established, appraised and submitted for approval adjustments to 8 zoning planning projects at a scale of 1/2000. However, there are 2 projects (Tay Binh Tri Dong and Nga Ba An Lac) that have extended the time to establish the tasks of the consulting company; 1 project has not been approved by the HCMC People’s Committee for planning tasks, wrong procedures. There are projects that prolong the project preparation time of the consulting company, not ensuring the time according to the regulations of Decree No. 37/2010 of the Government. Even for projects that have been planned in detail 1/200 by the Binh Tan District People’s Committee in the period 2015-2022, but the current status is that 4/8 projects have not yet been implemented until now, including: Thinh Phat Project, project 561 An Duong Vuong, Phu Tan project and Project 17.7 ha.

Not only in Binh Tan District, in District 5 there are 4 detailed urban planning projects at a scale of 1/2000 and 2 projects adjusting detailed urban planning projects at a scale of 1/2000 in the period 2015-2022. However, when the HCMC Inspectorate entered the inspection, it discovered that there were still many inadequacies in the process of establishing the tasks and planning projects of the District 5 People’s Committee. In which, the District People’s Committee did not carry out the step of collecting opinions from the community through the form of public display or introducing planning options in the mass media, which is not in accordance with the provisions of the Urban Planning Law (2009). For 4 inter-ward zoning planning projects that have not been approved, at the same time, the land use planning indicators do not meet the National Technical Regulations on urban planning…

Similarly, in Binh Thanh district, when the HCMC Inspectorate entered the inspection of the management and use of houses and land managed by the state and the management of urban construction order in the district, it also pointed out many shortcomings. The inspection conclusion determined that the Urban Management Department of Binh Thanh District is responsible for the process of consulting to issue more than 100 building permits, permits for renovation and repair, and certificates of adjustment not in accordance with regulations. Even, there are signs of lax management for subjects to provide building permit services and procedures when preparing construction quality inspection records… leading to affecting the quality of construction works and the interests of people.

Illegal constructions like “mushrooms after rain”

The situation of planning suspension, overlapping planning projects, leading to illegal constructions in many districts, districts and Thu Duc City springing up like “mushrooms after rain”. According to the conclusion of the HCMC Inspectorate, out of 488 public land and house addresses in Binh Tan District, more than 40 public service units have been discovered using public houses and land for business purposes, rental, joint ventures, and affiliations without the approval of the HCMC People’s Committee. project proposal. Meanwhile, this district also reported to the city that the area in the planning for some land lots and the current status of public land according to regulations were incorrect. Notably, many works in the 1/500 planning area licensed in Binh Tan district were discovered by the HCMC Inspectorate not to be in accordance with the plan, wrong with the approved model house. Some individuals were found to be using construction practice certificates that were not issued by competent state agencies, showing signs of criminal violations, which need to be referred to the investigation agency for clarification.

Not to mention, during the inspection, dozens of works, villas were discovered to be illegally built on perennial land. At the same time, many cases due to late detection led to the expiration of the administrative violation penalty.

In Thu Duc City, the Thu Duc City Inspectorate (HCMC) when entering the inspection of land management and construction order at the Long Phước Ward People’s Committee (from July 2022 to September 2023) also reported 11 cases of illegal, encroaching construction works being handled, but through inspection, the inspection team discovered dozens of other violations that the ward did not detect and failed to handle in a timely manner. Through the inspection work, the Thu Duc City Inspectorate also pointed out the responsibility for the shortcomings and violations in the area belonging to the Long Phước Ward People’s Committee, the Chairman, Vice Chairman, officials in charge of land – construction – urban development and the environment and construction and urbanism; Cadres of the Local Inspection Team. Also in Thu Duc City, the Thao Dien Ward People’s Committee (Thu Duc City) in 2021 and 2022 also proposed to the Thu Duc City Urban Management Department dozens of dossiers to establish enforcement plans, in which many plans have approved to organize implementation of mobilization and enforcement.

This is also a prominent area of HCMC in terms of the situation of a series of illegally built villas, encroachments on the protection corridor of the river bank and canal…. Although the authorities at two levels have resolutely entered the operation, concluded violations , but the enforcement process is also slower than the requirements set out.