Minister Do Duc Duy said that investors implementing commercial housing projects on one or more of the following types of land: agricultural land; non-agricultural land that is not residential land...
Continuing the meeting agenda, on the morning of November 13, Minister of Natural Resources and Environment Do Duc Duy presented to the National Assembly a draft Resolution on piloting the implementation of commercial housing projects through agreements on receiving land use rights or having land use rights.
Removing difficulties in real estate supply
Minister Do Duc Duy said that the draft Resolution was developed to resolve difficulties in the supply of real estate projects in the context of high real estate prices due partly to difficulties in accessing land for investors. Therefore, it is necessary to expand the conditions for receiving the transfer of land use rights to implement commercial housing projects, contributing to limiting complaints from people; ensuring fairness in land access among investors and localities, maintaining a stable supply of commercial housing, contributing to the development of a transparent and healthy real estate market.
Regarding the scope of regulation and subjects of application, the Resolution is applied nationwide to projects of real estate business organizations in the following cases: receiving land use rights; having land use rights; having land use rights and receiving land use rights; implementing commercial housing projects on land areas of establishments that must be relocated due to environmental pollution, establishments that must be relocated according to construction planning and urban planning.
Regarding the conditions for implementing commercial housing projects through agreements on receiving land use rights or having land use rights, the Minister said that investors implementing commercial housing projects on 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 in the case of agreements on receiving land use rights.
The implementation of a commercial housing project must satisfy the following conditions: be consistent with the district-level land use planning or be included in the construction planning or urban planning; be consistent with the approved local housing development program and plan; have a document from the Provincial People's Committee approving the real estate business organization to receive the transfer of land use rights for the project implemented in the form of receiving land use rights; have a document from the Ministry of National Defense or the Ministry of Public Security approving the real estate business organization to receive the transfer of land use rights for the area of national defense land, security land or the area of land originating from national defense land, security land to implement a commercial housing project in accordance with the approved land use planning for housing development in the case of a project implemented in the form of receiving land use rights; Real estate business organizations 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.
Consider piloting soil types
Reviewing this draft Resolution, Chairman of the Economic Committee Vu Hong Thanh agreed with the necessity of developing a Resolution as presented by the Government. The policy of piloting the implementation of commercial housing projects through agreements on receiving land use rights or having land use rights is to continue the institutionalization of Resolution No. 18-NQ/TW of the 5th Conference of the 13th Party Central Committee on: "Continuing to implement the mechanism of self-agreement between people and enterprises in transferring land use rights to implement urban and commercial housing projects"; at the same time, the above pilot has been agreed upon in principle by competent authorities.
Some opinions say that the pilot implementation of commercial housing projects through agreements on receiving land use rights or having land use rights is a policy that has many impacts on investment in building commercial housing and urban areas; the output of the pilot mechanism is commercial housing projects with long-term stability, which can leave irreparable consequences, affecting the interests of people and investors.
Regarding the conditions for implementing commercial housing projects through agreements on receiving land use rights or having land use rights, many opinions at the Economic Committee said that the regulations on types of land to be piloted are too broad, including rice-growing land, forestry land, land used for defense and security purposes, land used for religious activities... Therefore, it is recommended to consider land specializing in rice cultivation and forest land.
The Economic Committee proposes to review, study and clarify the application of the pilot mechanism through agreements on receiving land use rights or having land use rights for the above-mentioned types of land; study and evaluate the application of the provisions of the draft Resolution to all cases of agreements on receiving land use rights or only to cases where the time of agreement on receiving land use rights is from the effective date of this Resolution...
After listening to the presentation and the verification report, the National Assembly discussed in groups the above draft resolution./.
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