Kinhtedothi - On the morning of November 13, at the 8th Session, the National Assembly listened to the Presentation and Report on the Review of the Draft Resolution on piloting the implementation of commercial housing projects through agreements on receiving land use rights or having land use rights.
D maintains stable supply of commercial housing
Authorized by the Prime Minister to present the Government's Report on the Draft Resolution, Minister of Natural Resources and Environment Do Duc Duy said that the Resolution was developed on the basis of ensuring consistency, inheriting previously implemented policies, as stipulated in the 2005 Housing Law, the 2003 and 2013 Land Laws, and removing legal difficulties for commercial housing projects (below the urban area scale).
According to Minister Do Duc Duy, from July 1, 2015, the 2014 Housing Law has different regulations from the Land Law. Accordingly, the condition for using land to implement a commercial housing project is having the right to use residential land or residential land and other land; in case of receiving a transfer of the right to use, it must be residential land.
This provision continues to be inherited at Point b, Clause 1 and Clause 6, Article 127 of the 2024 Land Law; narrowing the cases of implementing commercial housing projects under the scale of urban areas, especially in new areas and areas without residential land.
In fact, the maximum land allocation limit for households and individuals over time is 400m2, the rest is agricultural land in the same plot of land. If investors receive the transfer of land use rights in residential areas, it cannot be implemented.
In addition, most real estate projects are implemented on land that is not originally residential land and the detailed planning of the project also includes many different types of land such as: residential land, traffic land, green land... Therefore, the regulation at Point b, Clause 1, Article 127 of the Land Law cannot be implemented in practice.
At the same time, the Draft Resolution is designed to resolve difficulties in the supply of real estate projects in the context of rising real estate prices, partly due 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 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.
Clarifying the application of the pilot mechanism
Examining the Draft Resolution, Chairman of the National Assembly's Economic Committee Vu Hong Thanh agreed with the necessity of developing a Resolution as presented in the Government's Proposal.
Regarding the scope of regulation, many opinions agree with the Government's Proposal, the scope of regulation of the Resolution is implemented nationwide to ensure fairness among localities, not creating a "request - give" mechanism.
Some opinions say that the pilot implementation of the Commercial Housing Project through agreements on receiving land use rights or having land use rights is a policy that has many impacts on investment in the construction of 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, the Chairman of the National Assembly's Economic Committee said that many opinions 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, etc. Therefore, it is recommended to consider land specializing in rice cultivation and forest land.
The National Assembly's 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 whether the provisions of the draft Resolution are applied to all cases of agreements on receiving land use rights or only applied to cases where the time of agreement on receiving land use rights is from the effective date of this Resolution.
Source: https://kinhtedothi.vn/thao-go-kho-khan-ve-phap-ly-cho-cac-du-an-nha-o-thuong-mai.html
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