The proposal to supplement 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 has just been put on the examination table of the National Assembly agencies. Although it is very slow, if the Draft is passed right at the 8th Session, this will be good news for the real estate market.
The proposal to supplement 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 has just been put on the examination table of the National Assembly agencies. Although it is very slow, if the Draft is passed right at the 8th Session, this will be good news for the real estate market.
It is not necessary to pilot all 63 provinces and cities.
In the middle of last week, the National Assembly's Law Committee examined the Government's proposal to add 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 to the 2024 Law and Ordinance Development Program.
The specific content proposed by the Government is to clearly define the scope of land types that real estate business organizations are allowed to agree on receiving land use rights transfer or are having land use rights transfer for one or more types including: agricultural land; non-agricultural land other than residential land; residential land and other land in the same land plot in case of agreement on receiving land use rights.
The Resolution clarifies the conditions for implementing commercial housing projects through agreements on receiving land use rights or having land use rights must ensure the principles of land use in accordance with planning (as stipulated in the Land Law) and in accordance with housing development programs and plans.
Specifically, the scope of the land area for project implementation is consistent with the district-level land use planning or within the construction planning and urban planning. The project is consistent with the local housing development program and plan that has been decided and approved. There is a document from the provincial People's Committee approving the transfer of land use rights to implement a commercial housing project in the case of receiving the transfer of land use rights.
Another criterion is that real estate business organizations implementing commercial housing projects must meet 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.
The Resolution also specifies the criteria for selecting pilot projects to ensure harmony and equality between forms of land access to implement commercial housing projects. Accordingly, the pilot implementation of commercial housing projects through agreements on receiving land use rights or having land use rights must meet the following criteria: be implemented in urban areas, areas planned for urban development and 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 included in the projects specified in Clause 4, Article 67 of the Land Law.
In the case of receiving land use rights, the land area for project implementation must not be on the list of works and projects requiring land recovery approved by the provincial People's Council as prescribed in Clause 5, Article 72 of the Land Law.
Speaking to Investment Newspaper reporters on the sidelines of the National Assembly, delegate Hoang Minh Hieu, Standing Member of the National Assembly's Law Committee, said that the examining body agreed to propose that the National Assembly Standing Committee consider and report to the National Assembly for permission to add the Draft Pilot Resolution to the 2024 Law and Ordinance Development Program, and submit it to the National Assembly for decision at the 8th Session.
Regarding some specific issues, Mr. Hieu said that the Government proposed to pilot in all 63 provinces and centrally-run cities to avoid the mechanism of asking for and giving, but some opinions at the review session said that it is necessary to consider the scope of the pilot implementation.
“In my personal opinion, in areas where the rate of people owning houses is high, such as in rural areas where the majority of people already have houses and the urbanization rate is not high, it is not necessary to pilot. In some large cities with high housing demand, a pilot program should be conducted to reduce housing prices. If the pilot program is conducted en masse without control, it can easily lead to a situation like in some countries where there is a very high housing surplus. This means burying money in real estate, which will be harmful to the economy, so it needs to be considered very carefully and should not be implemented in all provinces and cities,” Mr. Hieu said.
Another issue raised at the review session was that the Government proposed to implement the pilot policy for 5 years, but some opinions at the review session requested clarification on whether it would apply to new projects from the time the resolution takes effect or whether projects from the previous period would also enjoy this mechanism.
"Talk but don't do or do very slowly"
According to the agenda, today (October 28), the National Assembly will spend most of its time supervising the implementation of policies and laws on real estate market management and social housing development from 2015 to the end of 2023.
Member of the National Assembly's Finance and Budget Committee, delegate Ha Sy Dong, said that real estate is a sector that has a great impact on the economy and monitoring results show that the policy system has many changes, some legal documents are still overlapping, inconsistent, and not synchronized, documents detailing the implementation of the law are slow to be issued, are of low quality, and have not been able to predict all the problems that arise in reality.
In addition, some regulations are not suitable to reality, are slow to be reviewed, revised, and supplemented, and are unclear, leading to inconsistencies in understanding and implementation; some issues do not have regulations or instructions, leading to confusion in implementation.
The Quang Tri delegate emphasized that, speaking at the opening session of the 8th session of the National Assembly, General Secretary To Lam emphasized that the institution is the "bottleneck" of "bottlenecks". And to gradually remove this "bottleneck", the Government urgently proposed a law amending 4 laws on investment, then a law amending 7 laws on finance and budget. However, there are issues that need to be addressed, which have been identified since the previous session, but the preparation is very slow.
“For example, at the Seventh Session, when discussing the laws on land and real estate to take effect soon, I reflected that many businesses expressed their desire to remove obstacles related to land for commercial housing. The Government has considered the Pilot Project to implement commercial housing projects through agreements on receiving land use rights or having land use rights for other land and this content has been included in the implementation plan of the 2024 Land Law,” said Mr. Dong.
The leaders of the Ministry of Natural Resources and Environment also affirmed that this is beneficial for the country and the people, and since February this year, they have responded to the press that they will speed up the progress of developing this Project, with the best option being to have it approved by the National Assembly at the 7th Session and take effect together with the Land Law.
“However, not only was the seventh session not presented, the content of the eighth session has not yet appeared on the Project. According to the information I have, the Project will also be submitted to the National Assembly to add to the agenda of this session. But such delays will continue to put pressure on both the review agency and the delegates,” Mr. Ha Sy Dong worried.
Speaking before the National Assembly at the Seventh Session, the Quang Tri delegate suggested that, whether it is the National Assembly, the Government or ministries and branches, what has been said must be done. “But just the above example shows that there are issues that we talk about, but do not do or do very slowly, and like that, it is difficult to keep the economy on track, let alone accelerate and make a breakthrough,” Mr. Dong said impatiently.
Therefore, delegate Ha Sy Dong said that the supreme supervision session is also an opportunity to clarify the cause and responsibility for the delay in submitting the Project to the National Assembly, as well as the delay in resolving other problems that are bottlenecks that need to be removed in the real estate market.
Source: https://baodautu.vn/batdongsan/sot-ruot-thi-diem-mo-rong-dat-cho-nha-o-thuong-mai-d228426.html
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