(TN&MT) - On the morning of November 21, continuing the 8th Session, the National Assembly discussed in the hall the draft Resolution on piloting the implementation of commercial housing projects through agreements on receiving land use rights or having land use rights. After listening to the opinions of the National Assembly deputies, Minister of Natural Resources and Environment Do Duc Duy explained and clarified a number of issues raised by the National Assembly deputies.
Speaking before the National Assembly, on behalf of the drafting agency, Minister of Natural Resources and Environment Do Duc Duy thanked the dedicated and responsible comments of the National Assembly deputies and said that he would fully absorb them and at the same time have a specific report explaining the contents of the deputies' comments on the draft Resolution.
Further explaining the purpose of the Resolution, Minister Do Duc Duy said that the nature of the draft Resolution is to supplement the land access method in the implementation of commercial housing projects. Previously, according to the provisions of the 2003 Land Law and the 2005 Housing Law, for the implementation of commercial housing projects, there were two mechanisms for transferring land use rights: compulsory transfer mechanism and voluntary transfer mechanism.
Specifically, the compulsory transfer mechanism is that the State reclaims land to allocate to investors through land use fee auctions or bidding to select investors to implement investment projects using land. The voluntary transfer mechanism is that investors negotiate with people who are currently using land to have land funds to implement commercial housing projects, or investors who are currently using land request competent state agencies to allow them to change the land use purpose to implement commercial housing projects. Thus, there are two transfer mechanisms through four forms of land access.
Next, the 2010 Housing Law and the 2013 Land Law continued to allow all four forms of land access to implement commercial housing projects as in the 2003 Land Law and the 2005 Housing Law. However, when the National Assembly passed the 2014 Housing Law, it limited the form of receiving land use rights transfer or changing land use purposes. In particular, the 2014 Housing Law stipulates that in the case of receiving a transfer, only residential land can be transferred; and in the case of having land use rights and requesting the State to change the land use purpose, there must be a part of residential land in that area. "This limits the cases of land access in the form of receiving land use rights transfer as well as having land use rights compared to the 2003 Land Law and the 2005 Housing Law," the Minister emphasized.
Minister Do Duc Duy further analyzed that the 2024 Land Law inherits this viewpoint of the 2014 Land Law, and also has stricter regulations. Specifically, Clause 27, Article 79 of the 2024 Land Law stipulates that projects for which the State recovers land for auction and bidding must be synchronous projects in terms of technical infrastructure, social infrastructure and housing.
According to current urban law, the project scale is usually from 20 hectares or more, and in cases where the area is smaller and does not ensure urban synchronization, the State will not reclaim the land. Thus, the method of the State reclaiming land to hand over to investors will not be implemented.
At the same time, the regulations on cases where the State allows investors to receive land use rights or investors who are currently holding land use rights are also controlled and narrowed like the 2014 Housing Law. That is, it only applies to cases where if receiving land use rights, 100% of the area receiving rights must be residential land or if currently holding land use rights, there must be a part of residential land.
This leads to projects with a scale of less than 20 hectares and if the land is not residential land, there is no way to access the land, because it is not in the case of land recovery by the State and is not in the case of the State allowing the receipt of land use rights, or having land use rights but changing the land use purpose. This leads to difficulties for localities with few large-scale projects.
Minister Do Duc Duy said that this problem is currently occurring in all localities across the country, especially in small localities, where the real estate market is not large in scale, and there are not many urban projects larger than 20 hectares. "Therefore, this pilot resolution submitted to the National Assembly for promulgation aims to remove these difficulties and solve the bottleneck in land access methods to implement commercial housing projects," the Minister said.
Regarding the scope of regulation, due to the problems occurring nationwide, it is necessary to implement it nationwide to ensure fairness. On the other hand, other land access methods to implement commercial housing projects under the current Land Law are also implemented in all localities nationwide. Therefore, if only piloting in some localities will not ensure consistency and unity among localities. Implementation nationwide also helps to overcome the request-grant mechanism, as stated by delegate Pham Van Hoa - National Assembly Delegation of Dong Thap province.
Regarding the regulation on controlling the scope of the pilot in the draft Resolution, Minister Do Duc Duy said that it has been stated in the criteria specified in Articles 2 and 3, which are to be implemented in urban areas and urban development areas, to control the scale of the area, to control the implementation time and to be on the list that the Provincial People's Council allows to be implemented under this mechanism.
Regarding the conditions for implementing the pilot project, Minister Do Duc Duy said that Article 3 of the draft Resolution has very specifically stipulated that the projects must have 5 conditions: must be consistent with land use planning and construction planning, urban planning, consistent with the housing development program; the land area for implementing the project must be on the list permitted by the Provincial People's Council...; for the area of national defense and security land, there must be a written approval from the Ministry of National Defense and the Ministry of Public Security to comply with the provisions of Clause 1, Article 84 as delegate Trinh Xuan An - National Assembly Delegation of Dong Nai province stated...
Regarding the issue of ensuring food security, maintaining the stability of 3.5 million hectares of rice land, ensuring the average forest cover of the whole country at 42%, Minister Do Duc Duy said that this issue has been implemented and strictly controlled right from the stage of making national and provincial land use plans, then urban planning, and construction planning. When making plans, we had to determine how much agricultural land was converted to non-agricultural purposes, how much residential land was implemented during the planning period to still ensure the stability of the rice land area of 3.5 million hectares and maintain the stability of the forest cover of 42%. This step is the step we implement the planning, which area of the area planned for commercial housing development will be implemented by the State to recover land and which area will be implemented by the method of investors receiving the transfer of land use rights. But it is only within the approved planning area.
Regarding the area of national defense and security land, Minister of Natural Resources and Environment Do Duc Duy said that in the draft design, the planned area of national defense and security land, in accordance with the planning for housing development that has not been handed over to the locality, priority is given to the Ministry of National Defense and the Ministry of Public Security to organize the implementation of commercial housing projects for sale to officers and soldiers of the armed forces. Minister Do Duc Duy said that this is a regulation designed to create conditions to quickly convert national defense and security land areas into residential land in accordance with the planning, creating conditions to solve the housing needs of officers and soldiers of the armed forces. The resolution is designed in the direction of assigning the Ministry of National Defense and the Ministry of Public Security to organize the selection of investors to implement the project. Once the investor is selected, the investor will have to carry out all the processes, procedures, and conditions similar to other projects.
Source: https://baotainguyenmoitruong.vn/thao-go-ve-phuong-thuc-tiep-can-dat-dai-de-thuc-hien-du-an-nha-o-thuong-mai-383453.html
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