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

On the afternoon of November 30, the National Assembly passed a Resolution on piloting the implementation of commercial housing projects through agreements on receiving land use rights or having land use rights with 415/460 delegates present in favor (equal to 86.64% of the total number of National Assembly delegates).

National Assembly delegates press the button to approve the draft Resolution. (Photo: DUY LINH)

Resolution regulating the pilot implementation of the project commercial housing through agreements on receiving land use rights or having land use rights (pilot project) nationwide for 4 cases.

Specifically, projects of real estate business organizations receiving land use rights; projects of real estate business organizations currently holding land use rights; projects of real estate business organizations currently holding land use rights and receiving land use rights; projects of real estate business organizations established by organizations currently using land to implement commercial housing projects on the area of production and business establishments that must be relocated due to environmental pollution, establishments that must be relocated according to construction planning and urban planning.

Pilot projects, according to the Resolution, must meet the following conditions: the scope of the land area and land plot for project implementation must be consistent with the district-level land use planning or construction planning and urban planning.

The scope of the land and land plot for project implementation is consistent with the approved local housing development program and plan.

The scope of the land and land plots for project implementation is included in the list of land plots planned to implement the pilot project approved by the Provincial People's Council according to the provisions of this Resolution.

There is a written approval from the Provincial People's Committee on the agreement on receiving land use rights to implement the pilot project for the case specified in this Resolution, which is also a condition stated in the Resolution.

Real estate business organizations must satisfy the conditions prescribed by law on land, housing, real estate business, investment and other relevant legal provisions.

In case of using the planned area of national defense land and security land to carry out pilot projects, the above conditions must be met and there must be written approval from the Ministry of National Defense for national defense land and the Ministry of Public Security for security land.

Chairman of the Economic Committee Vu Hong Thanh reported on the explanation, acceptance and revision of the draft Resolution before the National Assembly voted to approve it. (Photo: DUY LINH)

According to the Resolution, real estate business organizations implementing pilot projects are allowed to receive land use rights transfer and change land use purposes for one, some or the following types of land to implement pilot projects: agricultural land; non-agricultural land other than residential land; residential land and other land in the same plot of land in cases of agreement on receiving land use rights.

The selection of pilot projects must meet the following criteria: being implemented in urban areas or areas planned for urban development; the total residential land area in pilot projects (including existing residential land and land planned to change land use purpose to residential land) does not exceed 30% of the additional residential land area during the planning period (compared to the current status of residential land use) according to the approved land allocation and zoning plan in the provincial planning for the period 2021-2030; not belonging to the projects specified in Clause 4, Article 67. Land Law.

The People's Committee at the provincial level shall submit to the People's Council at the same level for approval the list of land areas planned to implement the pilot project at the same time as approving the list of works and projects requiring land recovery according to the provisions of Clause 5, Article 72 of the Land Law.

For the area of national defense land and security land that has been planned to be removed from national defense land and security land that meets the conditions specified in Clause 2, Article 3 of this Resolution but has not been handed over to local management, priority shall be given to the Ministry of National Defense and the Ministry of Public Security to organize the implementation of a pilot project to prioritize sale, lease, and hire-purchase for officers and soldiers of the armed forces according to the provisions of law.

The Resolution takes effect from April 1, 2025 and will be implemented for 5 years.

After the Resolution expires, real estate business organizations that are implementing pilot projects according to the progress recorded in the investment project shall continue to implement until the project is completed. The recipient of land use rights and ownership of assets attached to land in the pilot project shall have the rights and obligations of land users and asset owners as prescribed by law.

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