Mr. Duc asked, what is your construction density? Is the construction density calculated on the entire land plot, on the residential land area in the urban area or on the area suitable for the existing residential land plan to be renovated and embellished?

The Ministry of Construction responded to this issue as follows:

The question posed needs further clarification as there are many interpretations based on the information stated in the question alone. Specifically, what kind of "ownership" paper is Mr. Duc mentioned? Of the 300 m2 above, 200 m2 belongs to the type of residential land in urban areas, which is understood as the regulations in the documents "owned" by you or based on the land use map officially issued by the locality? Does the land user have an extract map showing where it is located on the 300 m2 parcel of land? The 100 m2 mentioned by you as "consistent with the existing residential land plan, renovating and embellishing" is it suitable for urban planning at what level, general planning, zoning planning or detailed planning?

To answer this question, the Ministry of Construction needs to make the following assumptions (figure):

                                                   Hypothetical drawing

Mr. Duc owns a land use right certificate for a residential land plot of 300 m2, of which 200 m2 is urban residential land, 100 m2 is other land (usually garden land - CLN).

According to the current general planning or zoning plan, this land plot has 100 m2 identified as existing residential land and embellished, the remaining 200 m2 is identified as some other type of land.

From the above information, the following can be answered:

Since the land plot is within the scope of the urban planning, the construction on the land plot must comply with the urban planning. Even if the Land Use Right Certificate states otherwise, the current urban planning must be complied with.

It is possible that the urban planning project has been determined: A part of the land plot (100 m2) will be maintained as the current state. The rest will be recovered to convert into other functions, such as roads, trees, public works - services...

Thus, he can only build within 100 m2 of existing residential land and embellish that determined by urban planning, and calculate the construction density on that 100 m2.

Regulations on construction density are based on planning projects and are managed by local authorities.