Completing draft 2 Decrees regulating land and housing

Complete draft 2 Decrees regulating land and real estate.

The Government Office issued Notice No. 133/TB-VPCP dated March 24, 2025, concluding the Deputy Prime Minister Tran Hong Ha at the meeting on the draft Decree detailing the implementation of Resolution No. 170/2024/QH15 of the National Assembly on specific mechanisms and policies to remove difficulties and obstacles for projects and land in the conclusions of inspections, examinations, and judgments in Ho Chi Minh City, Da Nang City, and Khanh Hoa Province and the draft Decree detailing Resolution No. 171/2024/QH15 of the National Assembly on piloting the implementation of commercial housing projects through agreements on receiving land use rights or having land use rights.

Specifically, regarding the draft Decree detailing the implementation of Resolution No. 170/2024/QH15 of the National Assembly on specific mechanisms and policies to remove difficulties and obstacles for projects and land in inspection, examination and judgment conclusions in Ho Chi Minh City, Da Nang City and Khanh Hoa Province , the Deputy Prime Minister agreed with the opinion of the Ministry of Justice on the name of the draft Decree.

Regarding the detailed regulations of Article 6 of Resolution No. 170/2024/QH15, the Deputy Prime Minister agreed to closely follow the principles stipulated in Article 6 of the Resolution to stipulate that the time when the judgment takes effect is the time to consider granting the land use right certificate, and at the same time review to have more clear regulations for cases where the investor and secondary investor of the project have related rights and responsibilities stated in the judgment.

Regarding land prices for calculating land use fees and land rents, the principle of choosing the law stipulated in Article 9 of Resolution No. 170/2024/QH15 shall be included in the draft Decree to create favorable conditions for relevant people and businesses.

When localities have completed the implementation of special plans, especially those related to land valuation, they must immediately send all documents to the State Audit for coordination, if any.

Regarding the draft Decree detailing Resolution 171/2024/QH15 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 Deputy Prime Minister also agreed with the opinion of the Ministry of Justice on the name of the draft Decree.

The Deputy Prime Minister requested that it is necessary to continue to perfect the regulations on determining and calculating the 30% rate stipulated in Clause 1, Article 4 of the Resolution to ensure clarity, specificity and ease of implementation; the regulations on selecting projects into the List of land areas planned for pilot projects must ensure publicity, transparency, science, objectivity and fairness.

For projects that have partially implemented investment procedures and records, it is necessary to stipulate permission to inherit and use the implemented procedures and records.

Regarding the case of land of equitized enterprises, the Deputy Prime Minister requested the Ministry of Agriculture and Environment to carefully consider the necessity and need to assess the impact.

The Deputy Prime Minister requested that, based on the consensus of opinions at the meeting, relevant ministries, branches, localities and organizations, based on their scope of functions and authority, promptly implement the Decree as soon as it is issued, avoiding requests and waiting for instructions from the central government.

Phuong Nhi

Source: https://baochinhphu.vn/hoan-thien-du-thao-2-nghi-dinh-quy-dinh-ve-dat-dai-nha-o-102250325150346776.htm