1. Can a plot of land be mortgaged while it is located in a planning area?

Land planning and land use planning is an important process to manage, use and distribute land in a reasonable and effective manner. These plans and plans not only help shape infrastructure, but also ensure sustainable development and in the right direction of the locality. Competent state agencies, such as the Provincial People's Council, District People's Council and District People's Committee, play an important role in approving local land use planning and plans. your side.

However, as you mentioned, some legal aspects in the 2013 Land Law can lead to ambiguity in the division of authority between levels of land management. This can lead to ambiguity and difficulty in the implementation of land use planning and plans in some localities.

To ensure the land planning and use process goes smoothly and effectively, management agencies need to work specifically and clearly, complying with the regulations and processes set out in the Land Law. belt 2013. In addition, strengthening training and enhancing management capacity for relevant officials is also important to ensure a full understanding of land use planning and planning and to implement it. them accurately and effectively.

According to Article 49 of the 2013 Land Law, this article regulates the implementation of land use planning and plans at the national, provincial, district and commune levels.

The implementation of national land use planning, national defense and security must comply with the provisions of law on planning and other relevant laws. The Government is responsible for organizing and directing the implementation of the national land use plan. The Prime Minister allocates land use targets to localities and ministries of defense and police based on decisions of the National Assembly.

Provincial and district People's Committees are responsible for implementing land use planning and plans in their localities.

The Commune People's Committee implements land use planning and plans at the commune level.

The Ministry of National Defense and the Ministry of Public Security are responsible for implementing national defense and security land use plans.

If there is a land use plan but no annual land use plan, land users can continue to use and exercise their rights according to the provisions of law. However, if there is an annual land use plan, land users must follow the plan and may not build new houses or structures. Renovation or repair works also need to be approved by state agencies.

The land area recorded in the annual land use plan must be recovered after 03 years if there is no decision or permission to change the land use purpose. Competent state agencies are responsible for adjusting land use plans and announcing the adjustment or cancellation of acquisition.

At the end of the land use planning period, if the planning targets have not been implemented, those targets will continue to be implemented until a decision and approval for the next period is made.

The Government regulates in detail the organization and implementation of land use planning and plans.

If the district's annual land use plan has been approved and the land user wants to change the land use purpose, they need to comply with the regulations and procedures for obtaining permission or approval from the agency. local management. In this case, the bank or financial institution may want to check whether this change of land use purpose is approved and carried out according to the correct procedures, and whether it agrees to accept the mortgage.

Thus, the owner of planned land can still exercise rights such as: transfer, lease, mortgage, bank loan... for the land within the planning project when there is an annual land use plan. of district level.

2. How to check planned land

Determining whether your land is subject to planning or not is important to understand the property situation and ability to borrow from banks. Once you have determined that your land is within the planning area, you may ask about the possibility of a bank loan. However, borrowing from banks to mortgage planned land can be difficult due to uncertainty and uncertainty about future asset value.

The ability to borrow from a bank to mortgage planned land will depend on the regulations of the specific bank and financial institution, as well as the nature of the plan and its impact on the property. Some banks may refuse to borrow on planned land or require more stringent conditions.

If you want to borrow from a bank to mortgage planned land, it is best to contact directly the bank or financial institution you are interested in and ask about their regulations, policies and requirements for this. This will help you better understand your ability to borrow money and specific conditions.

Local real estate agents and property consulting services often have extensive local knowledge and experience and can help you better understand the planning situation and relevant property factors. They can provide information about local planning, real estate market conditions, and can show you how to find information from local sources.

If you are interested in a specific plot of land or want to know more about the planning situation in a certain location, consulting with a local expert or company can help you get a more detailed view of the situation. there.

To check if your plot of land is subject to planning, you can go directly to the local competent state agency. These agencies include land registration offices at district and local levels such as the district Department of Natural Resources and Environment and commune cadastre. These agencies are responsible for managing land information and planning in that area.

When you visit this agency, you can request information about land planning, area maps, and regulations related to land use. They will provide you with specific information about the zoning status of your plot of land and confirm whether it is within the zoning area or not. This will help you know whether you can proceed with transactions to buy, sell, build, or use that land for your intended purpose.

In addition, you should also check with this agency about the regulations and necessary documents to carry out land-related transactions, such as transferring, registering ownership, or applying for construction permits (if necessary).

3. Can I get a personal loan to mortgage real estate?

The information you have provided is based on the provisions of the 2015 Civil Code, Decree 21/2021/ND-CP and the 2013 Land Law showing that personal loans and mortgages with land use rights are still allowed. carried out within the scope of the law. However, there are some conditions and regulations that must be followed to do this:

• The mortgaged property must be the land use rights of a household or individual.
• The mortgagee must be a Vietnamese citizen with full civil capacity.
• Accepting a mortgage must comply with the law, not violate legal prohibitions, and ensure the fulfillment of obligations, not contrary to social ethics.
• The mortgage contract must be notarized or authenticated according to regulations.
• The mortgage must be registered with the competent State agency.
• Regulations on calculating interest in mortgage contracts must comply with the provisions of the 2015 Civil Code.
• If you meet all of these conditions and comply with relevant regulations, you have the right to borrow money personally and mortgage land use rights according to the provisions of law.

However, please note that regulations and laws may change over time, so it is always advisable to check the latest regulations before making this financial transaction.