On the morning of November 21, the National Assembly discussed the draft Resolution on piloting the implementation of commercial housing projects through agreements on receiving land use rights or having land use rights.
Minister of Natural Resources and Environment Do Duc Duy said that the nature of the draft resolution is to add a method of land access in the implementation of commercial housing projects. Previously, with the 2003 Land Law and the 2005 Housing Law, the implementation of commercial housing projects under two mechanisms of land use rights transfer was mandatory and voluntary. The Minister said that according to current urban law, the scale of the project is usually from 20 hectares or more, and in cases where the area is smaller and does not ensure urban synchronization, the State will not recover land. 
Minister of Natural Resources and Environment Do Duc Duy spoke this morning. Photo: National Assembly
The Minister mentioned the difficulties that occurred in localities, especially small localities, where the real estate market is not large, and there are not many urban projects larger than 20 hectares. Therefore, the purpose of issuing this resolution is to remove difficulties and obstacles that occurred in localities across the country, especially small provinces, where the real estate market is not large, and there are not many urban projects of 20 hectares or more. The remaining projects do not have a method of accessing land, so they cannot be implemented. Minister Do Duc Duy emphasized that it is necessary to implement nationwide to ensure fairness and overcome the request-grant mechanism. Regarding the conditions for pilot implementation, Minister Do Duc Duy said that the draft Resolution has very specifically stipulated that projects must have 5 conditions: Must be consistent with land use planning and construction planning, urban planning, consistent with the housing development program; The land area for project implementation must be on the list approved by the provincial People's Council... For national defense and security land areas, there must be written approval from the Ministry of National Defense and the Ministry of Public Security. Eligible projects will be allowed to change land use purposes for agricultural and non-agricultural land that is not residential land... Regarding the issue of ensuring food security, maintaining the stability of 3.5 million hectares of rice land, ensuring the average forest cover of the whole country at 42%, Minister Do Duc Duy said that this issue has been implemented and strictly controlled right from the stage of making national and provincial land use plans, then urban planning, and construction planning. When making plans, it is necessary to determine how much agricultural land is converted to non-agricultural purposes, how much residential land is implemented during the planning period to still ensure the stability of the rice land area of 3.5 million hectares and the stability of the forest cover of 42%. Regarding national defense and security land, the Minister of Natural Resources and Environment said that in the draft design, the planned areas of national defense and security land, in accordance with the planning for housing development that have not been handed over to localities, will be given priority to the Ministry of National Defense and the Ministry of Public Security to organize the implementation of commercial housing projects for sale to officers and soldiers of the armed forces. Minister Do Duc Duy said that this is a regulation designed to facilitate the rapid conversion of national defense and security land into residential land in accordance with the planning, creating conditions to solve the housing needs of officers and soldiers of the armed forces. The resolution is designed in the direction of assigning the Ministry of National Defense and the Ministry of Public Security to organize the selection of investors to implement the project. Once the investor is selected, the investor will have to carry out all the processes, procedures, and conditions similar to other projects.Vietnamnet.vn
Source: https://vietnamnet.vn/bo-truong-tn-mt-thi-diem-du-an-nha-o-thuong-mai-qua-thoa-thuan-dat-5-dieu-kien-2344162.html
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