On the morning of November 21, continuing the 8th Session, under the direction of Vice Chairman of the National Assembly Nguyen Duc Hai, the National Assembly discussed in the Hall the draft Resolution of the National Assembly on piloting the implementation of commercial housing projects through agreements on receiving land use rights or having land use rights.
The majority of National Assembly deputies agreed with the necessity of developing a draft Resolution to institutionalize the Party's policy and increase conditions for land access. Developing commercial housing, contributing to socio-economic development, increasing housing supply, meeting people's needs.
In particular, the content of the draft Resolution institutionalizes the Party's viewpoints and policies in the Resolution of the 13th National Party Congress and Resolution No. 18-NQ/TW of the 13th Party Central Committee on continuing to innovate and perfect institutions and policies, improving the effectiveness and efficiency of land management and use, creating momentum to turn our country into a high-income developed country.
Ensure fairness, avoid the emergence of a request-grant mechanism
Agreeing with this regulation, delegate Tran Van Tien (Vinh Phuc) said that the nationwide scope of implementation is appropriate because it will ensure fairness for all provinces and cities that have a need to develop commercial housing, avoiding the emergence of a request-grant mechanism.
Agreeing, delegate Trinh Xuan An (Dong Thap) commented that the draft Resolution has sufficient political, legal and practical bases such as the Submission and the Verification Report. The National Assembly's promulgation of this Resolution will be the basis for unlocking resources and increasing land resources for socio-economic development.
Regarding the scope of the pilot, delegate Trinh Xuan An agreed with the pilot implementation nationwide but "not on a mass, general basis".
"According to the provisions of Article 3 or Article 4, it is definitely only applicable to urban areas. Therefore, there is no such thing as widespread and widespread acquisition of rice fields and agricultural land to implement this Resolution. To implement it nationwide, projects and criteria must meet the requirements of the resolution with specific conditions and terms," said delegate Trinh Xuan An.
Delegates also noted that when the Resolution is passed, there should be principles for the real estate market to develop healthily, appropriately, and meet requirements, avoiding creating land fever or violating the law.
Giving comments at the Hall, delegate Pham Van Hoa (Dong Thap province) expressed agreement on the scope of application nationwide.
"If it is only applied in some provinces and cities, and not applied in other provinces, it will easily create a mechanism of asking and giving and cause questions...", delegate Pham Van Hoa explained.
Raising some core issues of the Resolution, delegate Pham Van Hoa emphasized the conditions for implementing commercial housing through land use rights agreements; the time of application of the Resolution.
Delegate Pham Van Hoa explained that in big cities like Hanoi, Ho Chi Minh City, Da Nang, Khanh Hoa..., apartment buildings have been built and people have moved in but are still stuck in legal procedures. People and businesses need the National Assembly and the Government to help them solve this problem.
"We do not legalize violations for businesses, the core issue is implementation, avoiding wasting social resources," said delegate Pham Van Hoa.
Promoting the value and effectiveness of national defense and security land
Regarding the pilot permission for defense and security land, delegate Trinh Xuan An said that this type of land has been strictly regulated in the Land Law and Housing Law for the development of 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 armed forces officers and soldiers as well as promote the value and effectiveness of national defense and security land.
Expressing support for the pilot, delegates proposed to add the Ministry of National Defense and the Ministry of Public Security to approve the list of land areas planned to implement the pilot project at the same time as approving the list of land acquisition works and projects to be proactive.
When implementing projects, it is also necessary to follow the general regulations of this resolution, and arrange public assets such as the Land Law, Housing Law... to ensure strictness.
According to the delegate, when the resolution is passed, there should also be principles to have a healthy, suitable real estate market that meets requirements, avoiding creating land fever and violating the law.
Regarding this content, delegate Tran Van Tien said that in clause 3, priority is given to the Ministry of National Defense and the Ministry of Public Security to implement commercial housing projects on land belonging to the Ministry of National Defense or the Ministry of Public Security that needs to be removed from national defense and security land. The delegate suggested that it should be further stipulated that "when the Ministry of National Defense and the Ministry of Public Security have a need to develop commercial housing, they will be given priority" - delegate Tien said.
Immediately fix the "ask for give" mechanism
Explaining and clarifying a number of issues raised by National Assembly deputies, Minister of Natural Resources and Environment Do Duc Duy said that the purpose of issuing the Resolution is to supplement land access methods to implement commercial housing projects that the current Land Law does not allow.
Explaining the mechanism for transferring land use rights and the method of accessing land to implement commercial housing projects, Minister Do Duc Duy said that the 2014 Housing Law was issued and took effect from January 1, 2015, restricting two forms of land access (the form of self-negotiation with land users and the form of requesting to change the purpose of land use rights) to implement commercial housing projects. The 2024 Land Law inherits this provision of the 2014 Housing Law, and even has stricter regulations.
Thus, for commercial housing projects with land area under 20 hectares, according to the provisions of the 2024 Land Law, there will be no land access method because it is not subject to land acquisition by the State and is not subject to agreement on land use rights transfer or land use purpose change, if there is no residential land in the accumulated area.
"Therefore, the purpose of issuing this resolution is to remove difficulties and obstacles that occur in all localities across the country, especially small provinces, where the real estate market is not large in scale, and there are not many urban area projects of 20 hectares or more. The remaining projects do not have a method of accessing land, so they cannot be implemented. Due to the nationwide obstacles, it is necessary to implement them nationwide to ensure fairness and overcome the request-grant mechanism," the Minister of Natural Resources and Environment stated.
Regarding the issue of ensuring food security and protecting rice and forest land, Minister Do Duc Duy emphasized that this issue is strictly controlled right from the stage of establishing national land use planning to provincial land use planning as well as construction and urban planning.
Accordingly, the planning and plans have clearly identified the area of agricultural land converted to non-agricultural purposes to implement socio-economic development projects, including land areas to implement projects under this resolution as well as commercial housing development projects under the provisions of the 2024 Land Law.
"Thus, whether implemented according to the Land Law or the pilot mechanism of this Resolution, all of these projects must comply with the planning. These planning must ensure the stability of 3.5 million hectares of rice land and ensure forest cover," the Minister of Natural Resources and Environment emphasized.
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