Regulations on piloting the implementation of commercial housing projects through agreements on receiving land use rights

Pilot implementation of commercial housing projects through agreements on receiving land use rights or having land use rights

This Decree details the implementation of Clause 1, Article 1, Clause 2, Clause 3, Article 3, Clause 2, Clause 3, Article 4 and Article 5 of Resolution No. 171/2024/QH15 dated November 30, 2024 of the National Assembly on piloting the implementation of commercial housing projects through agreements on receiving land use rights or having land use rights (Resolution No. 171/2024/QH15).

Applicable subjects include state agencies; real estate business organizations according to the provisions of the law on real estate business; land users according to the provisions of the Land Law.

Real estate business organizations in accordance with the provisions of law on real estate business shall exercise the rights and obligations as prescribed in Clause 2, Article 2 of Resolution No. 171/2024/QH15.

Establish, approve and publish the List of land areas planned to implement the pilot project.

The Decree stipulates that the provincial-level land management agency shall notify the registration of the need to implement the pilot project in accordance with the provisions of Resolution No. 171/2024/QH15, clearly stipulating the registration period and registration contents according to Form No. 01 in the Appendix issued with this Decree. The notification shall be posted on the information portal and electronic information page of the provincial-level People's Committee and the provincial-level land management agency.

An organization wishing to implement a pilot project shall submit a set of documents to the competent provincial land management agency, including: Registration form according to Form No. 02 in the Appendix issued with this Decree; a copy of one of the documents proving the right to use the land in case of having the right to use the land; an excerpt of the map or diagram of the location of the land proposed to implement the pilot project.

Application submission is done by one of the following methods:

Submit directly to the One-Stop Department according to the regulations of the Provincial People's Committee on receiving dossiers and returning results of handling provincial-level administrative procedures.

Submit via public postal service.

Submit on the National Public Service Portal or Provincial Public Service Portal or provincial administrative procedure settlement information system.

Within 15 days from the end of the registration period, the provincial land management authority shall review and evaluate the conditions and criteria of the land plots proposed to implement the pilot project; prepare a list of land plots expected to implement the pilot project and submit it to the provincial People's Committee.

The Provincial People's Committee shall submit to the People's Council of the same level for approval a Resolution promulgating the List of land plots expected to implement pilot projects as prescribed in Clause 2, Article 4 of Resolution No. 171/2024/QH15.

The People's Council at the provincial level shall consider and approve the List of land plots planned for pilot project implementation at the same time as approving the List of works and projects requiring land recovery; in case the People's Council at the provincial level has approved the List of works and projects requiring land recovery according to the provisions of Clause 5, Article 72 of the Land Law not at the same time as approving the List of land plots planned for pilot project implementation, the People's Committee at the provincial level shall submit the List of land plots planned for pilot project implementation to the People's Council at the same level for consideration and approval; including determining the area of ​​land types under the pilot project that must change land use purposes, including areas of rice-growing land, special-use forest land, protective forest land, and production forest land.

After the Provincial People's Council approves the List of land plots planned to implement the pilot project, the Provincial People's Committee shall announce the List of land plots planned to implement the pilot project on the Provincial People's Committee's electronic information portal, and post it publicly on the electronic information portal or the website of the provincial land management agency. The announcement shall be made within 03 working days from the date the Provincial People's Council signs and issues a Notice of approval for real estate business organizations to implement the pilot project and directs the provincial land management agency to notify cases where projects do not meet the requirements to be included in the List of land plots planned to implement the pilot project. The announcement shall be made within 5 working days from the date of announcement of the List of land plots planned to implement the pilot project.

After the Provincial People's Council approves the List of land plots planned to implement the pilot project, if there is a real estate business organization proposing land plots that meet the provisions of Clause 1, Article 4 of Resolution No. 171/2024/QH15, the provincial land management agency shall continue to implement the regulations to propose to supplement the List of land plots planned to implement the pilot project.

Carry out investment, construction and related procedures to implement the pilot project.

According to the Decree, real estate business organizations that have land use rights or are established according to the provisions of Point d, Clause 1, Article 1 of Resolution No. 171/2024/QH15 or after completing the agreement to receive land use rights and the agreed land area is eligible to implement the pilot project according to regulations, shall carry out the procedures for approving the investment policy and simultaneously approving the investor to implement the pilot project according to the provisions of Point d, Clause 4, Article 29 and Articles 30, 31 and 32 of the Investment Law.

After the investment policy and investor approval are granted, the real estate business organization shall carry out other procedures to implement the pilot project in accordance with the provisions of law on investment, construction, housing, real estate business, land and other relevant provisions of law.

Projects of real estate business organizations that have been approved for investment policy and approved for investors or have documents from competent state agencies related to investment procedures, construction, planning and other procedures for permitting the implementation of pilot projects in cases of receiving land use rights or having land use rights before the effective date of Resolution No. 171/2024/QH15 without stating a term or stating a term but still valid do not have to re-perform procedures or re-issue existing documents.

In case the project has been approved in principle for investment but not yet approved for the investor, at the step of approving the investment in principle simultaneously with approving the investor as prescribed in Article 5 and Clause 1, Article 7, the competent authority only has to approve the investor.

Carry out land procedures to implement the pilot project

The Decree stipulates that after the pilot project is approved for investment policy, the procedures for land recovery, land allocation, land lease, land use purpose conversion, land lease contract signing, land registration, and issuance of land use right certificates shall be carried out in accordance with the provisions of current land law, including:

a- In case the land use right belongs to a real estate business organization whose investment policy is approved at the same time as the investor's approval, then carry out the procedure to change the land use purpose for the land area that must change the land use purpose;

b- In case the organization is using the land with a capital contribution, joint venture, or association contract to establish a project enterprise but the land use right is not transferred, the land shall be returned to the State so that the State can reclaim the land and allocate or lease the land to the enterprise established to implement the project; the organization is not compensated for the assets on the land when the State reclaims the land. In case the land use right is allowed to be transferred, the procedure for registering land changes to the enterprise established to implement the project shall be carried out;

c- In case the project of a real estate business organization is established by organizations using land to implement a commercial housing project before the effective date of this Decree or a pilot project as prescribed in this Decree on the area of ​​a production or business establishment that must be relocated due to environmental pollution, an establishment that must be relocated according to construction planning or urban planning but the land to implement the project has not been granted a Certificate, the organization must relocate and return the land to the State so that the State can recover and allocate or lease the land to the real estate business organization established by the organization that must relocate to implement the project.

In case the organizations that must relocate have contributed capital in the form of land use rights to a real estate business organization in accordance with the provisions of the law on land, the real estate business organization shall change the land use purpose in accordance with the provisions.

Determining land prices and performing financial obligations on land for pilot projects shall comply with the provisions of the law on land, the law on taxes, fees, charges and other relevant legal provisions.

This Decree takes effect from April 1, 2025 to March 31, 2030.

Minh Hien

Source: https://baochinhphu.vn/quy-dinh-thi-diem-thuc-hien-du-an-nha-o-thuong-mai-thong-qua-thoa-thuan-ve-nhan-quyen-su-dung-dat-102250401164439908.htm