Accordingly, the Government proposed to pilot a plan to increase the residential land area by no more than 30% during the planning period (compared to the current land use status) according to the land allocation and zoning plan in the provincial planning for the period 2021 - 2030.
The pilot land area for commercial housing projects must be outside the list of land acquisition projects approved by the People's Council.
Pilot projects to expand the type of land for commercial housing must be consistent with district-level land use planning or urban and construction planning. These projects must also be consistent with approved local housing development programs and plans, and must be approved by the provincial People's Committee regarding the agreement to receive land use rights.
Pilot proposal for land types used for commercial housing. (Illustration: Minh Duc)
According to the proposal, real estate business organizations and individuals are allowed to carry out commercial housing projects through agreements on receiving land use rights or having land use rights for one or more of the following types of land: Agricultural land, non-agricultural land that is not residential land, residential land and other land in the same plot of land.
The agreement on receiving land use rights is carried out through the transfer of land use rights and capital contribution using land use rights.
In case the land area for implementing a commercial housing project is larger than the land area of the organization or individual currently having the right to use the land, the organization or individual shall make an agreement to receive the right to use the land for the remaining area to implement the project.
In case the land area for implementing a commercial housing project through the form of receiving land use rights has land area managed by a State agency or organization that does not meet the conditions to be separated into an independent project, the State shall reclaim the land, allocate land, and lease land to investors without auctioning land use rights or bidding to select investors to implement the project using land.
In case a land user has not been granted the types of certificates prescribed in Clause 3, Article 256 of the Land Law but meets the conditions for granting a Certificate of land use rights and ownership of assets attached to land, he/she may transfer land use rights and contribute capital using land use rights according to the provisions of this Resolution without having to carry out the procedures for granting a Certificate of land use rights and ownership of assets attached to land before transferring the rights.
These regulations aim to expand the types of land used for commercial housing projects through agreements on receiving land use rights or having land use rights, overcoming the limitation of only allowing residential land or residential land and other land to use for commercial housing projects as stipulated in Article 127 of the Land Law.
At the same time, regulations are made to resolve difficulties in cases where the project area has land managed by the State, and in cases where the land does not have a certificate but is eligible for a certificate to reduce administrative procedures, compliance costs, and shorten project implementation time to free up land resources for commercial housing development, promptly meeting the needs of residential land and housing for people.
The pilot is expected to last for 5 years, starting from January 1, 2025 to December 31, 2029.
According to the Government, in recent times, the supply of real estate projects has not met the market demand, leading to high real estate prices, partly due to limited access to land for commercial housing projects. Therefore, it is necessary to expand the conditions for receiving land transfers to implement commercial housing projects in order to promote the country's urbanization process, solve the need for residential land and housing for the people and facilitate investors, limit the emergence of administrative procedures, reduce compliance costs, create more supply for the real estate market, and limit complaints from people when their land is recovered.
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