Officially submit to the National Assembly the pilot policy to remove obstacles for commercial housing

Commercial housing project - Photo: Q. DINH

According to the draft, the provisions of the 2003 Land Law, the 2013 Land Law, and the 2005 Housing Law allow investors to implement commercial housing projects through agreements on receiving land use rights, or having land use rights like other socio-economic development projects without specifying specific conditions on land types.

Problems with commercial housing

However, the 2023 Housing Law does not stipulate conditions on land types for implementing commercial housing projects, but refers to the provisions of the Land Law. However, according to the provisions of the 2024 Land Law, the State only reclaims land for urban area projects with mixed-use functions. Projects that synchronize technical infrastructure systems, social infrastructure with housing according to the provisions of law for new construction or urban renovation and embellishment; rural residential area projects.

With the above regulations, the implementation of investment projects and commercial housing business faces many difficulties due to the lack of legal basis and conditions for cases of receiving land use rights that are not residential land, or having land use rights that are not residential land to implement the project. Therefore, in these cases, the investment policy to implement the project is not approved.

In fact, most new real estate development projects, especially large-scale projects, are implemented on land that is not originally residential land, in many cases only agricultural land, while Vietnam's current policy is to promote urbanization and rearrange urban areas and rural residential areas.

In particular, the supply of real estate projects in recent times has not met demand. Therefore, real estate prices have increased, partly due to difficulties in accessing land to implement commercial housing projects.

This reality requires expanding the conditions for receiving land transfers to implement commercial housing projects. The goal is to promote the country's urbanization process, solve the need for residential land and housing for the people and facilitate investors, reduce administrative procedures, compliance costs, and create supply for the market.

Which commercial housing projects are agreed upon?

Accordingly, a pilot project of commercial housing will be implemented through agreements on receiving land use rights or having land use rights nationwide. The agreement on receiving land use rights is implemented through the transfer of land use rights in accordance with the provisions of the law on land.

The draft sets out the conditions for implementing commercial housing projects through agreements on receiving land use rights or having land use rights. Specifically, real estate business organizations are allowed to implement commercial housing projects through agreements on receiving land use rights or having land use rights that have changed the purpose of use for one or more types of land including agricultural land, non-agricultural land that is not residential land, residential land and other land in the same plot of land in the case of agreements on receiving land use rights.

In addition, the implementation of commercial housing projects according to the resolution must meet other conditions, including the scope of the land area for project implementation must be consistent with the district-level land use planning or within the construction planning or urban planning.

The project is consistent with the local housing development program and plan that has been decided and approved. The Provincial People's Committee approved the transfer of land use rights to implement the project.

Real estate business organizations implementing commercial housing projects must satisfy the conditions prescribed by the law on land, the law on housing, the law on real estate business, the law on investment and other relevant laws.

Regarding the criteria for project implementation, including urban areas, areas planned for urban development and not exceeding 30% of the additional residential land area. In the case of receiving land use rights, the land area for project implementation must not be on the list of works and projects requiring land recovery approved by the provincial People's Council.

For the area of ​​national defense land and security land that has been planned to be removed from national defense land and security land, in accordance with construction planning, urban planning, housing development programs and plans, priority will be given to the Ministry of National Defense and the Ministry of Public Security.

Source: https://tuoitre.vn/chinh-thuc-trinh-quoc-hoi-chinh-sach-thi-diem-thao-go-cho-nha-o-thuong-mai-20241014145601344.htm