On November 21, the National Assembly discussed in the hall the draft Resolution on piloting the implementation of commercial housing projects through agreements on receiving land use rights or having land use rights.
Do not take rice fields and agricultural land indiscriminately
Expressing support for the draft resolution, according to Deputy Trinh Xuan An (Dong Nai Delegation), the National Assembly's issuance of this additional resolution will be the basis for unlocking resources and increasing land resources for socio-economic development.
Agreeing with the nationwide pilot implementation, Mr. An said that it is not a general, mass nature, but a pilot for which projects and criteria? In particular, with the regulations in the draft resolution, it will certainly only apply to urban areas, there is no such thing as taking rice fields and agricultural land in a mass, widespread way to implement the resolution. This is a quite reasonable design for implementation.
Regarding the pilot permission for defense and security land, Mr. An said that this type of land has been strictly regulated in the Land Law and Housing Law to develop social housing and housing for the armed forces. Currently, there is an additional Directive No. 34-CT/TW on strengthening the Party's leadership in the development of social housing in the new situation. These are mechanisms to care for the lives of officers and soldiers of the armed forces as well as promote the value and effectiveness of defense and security land.
“It is proposed to add the Ministry of National Defense and the Ministry of Public Security to approve the list of land areas planned for pilot projects at the same time as approving the list of works and projects for land acquisition to be proactive. When implementing projects, it is also necessary to follow the general provisions of this resolution, and to arrange public assets such as the Land Law and Housing Law to ensure strictness. When the resolution is passed, there must also be principles to have a healthy, suitable real estate market that meets requirements, avoiding creating land fever and violating the law,” said Mr. An.
Real estate prices skyrocket, workers and civil servants can hardly buy
Meanwhile, Deputy Nguyen Cong Long (Dong Nai Delegation) expressed many concerns about the draft Resolution on piloting the implementation of commercial housing projects through agreements on receiving land use rights or having land use rights.
Because according to Mr. Long, the land pilot is different from other policies. Once a project is built on it and its purpose is changed, there is no possibility of recovery, the damage is unpredictable, especially in the context of us implementing many food security goals and other goals.
If this Resolution is passed, what kind of legal corridor will it create? The National Assembly has worked hard to promulgate laws on land and real estate. Up to now, we have basically completed the promulgation mechanism for real estate business, land, housing, and planning. However, if there is another pilot resolution, investors do not need to comply with the requirements of the above laws. Thus, we have two legal bases for real estate business activities. One fully complies with current laws and the second is this resolution with more advantages. How will this affect the market? Mr. Long wondered.
He also raised the issue that the current real estate situation has many problems such as skyrocketing real estate prices, making it very difficult for the poor, workers, and civil servants to buy. “A civil servant who doesn’t eat anything can only buy a house after a few hundred years. Voters question why there is no mechanism to pilot and remove obstacles to social housing. Meanwhile, this draft resolution only targets commercial housing, without any policies for the disadvantaged. We think this is a very important issue to consider,” Mr. Long emphasized.
According to Mr. Long, many localities are currently not having any problems with converting land use purposes to commercial projects. So why do we have to pilot the whole thing at the same time? It is impossible to do it on a large scale like this.
The document has assessed negative consequences such as agricultural land acquisition, land speculation, and land buying waiting for prices to increase. However, Mr. Long said that this is no longer a dangerous issue. Because the story of agricultural land acquisition has been around for decades.
“Why are associations and investors so persistent in lobbying the Government and the National Assembly to pursue this policy? It is for profit. With commercial housing, the maximum profit is the difference in land rent. If we follow the current laws, there is not much room left, so we are focusing on this land issue. This is a matter of concern and must be controlled,” Mr. Long raised the issue, and at the same time pointed out that in the draft, there is a provision that it can only be implemented in urban areas, not exceeding 30% of the additional area in the planning. Limiting the scope of this area is necessary, but the way they “loosen the room” is not difficult. The most important thing is where is this 30%? If it falls entirely on rice fields and forest lands, there is no possibility of overcoming it.
Explaining at the meeting, Minister of Natural Resources and Environment Do Duc Duy informed that for the area of national defense land and security land, there must be written approval from the Ministry of Public Security and the Ministry of National Defense and must be implemented in accordance with the provisions of Clause 1, Article 84. Land of national defense origin and land of security origin will be excluded from the draft resolution.
Regarding ensuring food security and protecting rice and forest land, according to Mr. Duy, this issue is strictly controlled right from the planning and land use stages, to provincial land use planning, as well as urban planning. In the planning and plans, it has been determined how much agricultural land area is converted to non-agricultural purposes, to implement socio-economic development projects.
Mr. Duy affirmed that whether implementing according to the 2024 Land Law or implementing according to the resolution's pilot mechanism, all projects must comply with the planning and the planning must ensure the stability of 3.5 million hectares of rice land and ensure forest cover.
Source: https://daidoanket.vn/dbqh-ban-khoan-ve-kha-nang-mua-duoc-nha-cua-cong-chuc-10294950.html
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