On November 3, at the National Assembly House, under the direction of Vice Chairman of the National Assembly Nguyen Duc Hai, the National Assembly Standing Committee gave opinions on the draft Resolution on piloting the implementation of commercial housing projects through agreements on receiving land use rights or having land use rights.
Creating a legal corridor to manage the land use rights market
Presenting the Report at the meeting, Minister of Natural Resources and Environment Do Duc Duy said that this Resolution was developed to concretize the Party's policy on "Continuing to implement the mechanism of self-negotiation between people and enterprises in transferring land use rights to implement urban and commercial housing projects", creating a legal corridor to manage the land use rights market, the market real estate stable, healthy, open and transparent development
The Resolution will create favorable conditions for land users and investors to be proactive in implementing commercial housing projects and urban development projects, minimizing the intervention of administrative agencies, limiting the occurrence of administrative procedures, reducing compliance costs, limiting land acquisition by the State which can easily lead to complaints from the people, contributing to promoting the country's urbanization process, and solving the people's need for residential land and housing.
According to Minister Do Duc Duy, the Resolution stipulates a nationwide pilot implementation for the following cases: real estate business organizations receiving land use rights; real estate business organizations currently holding land use rights; real estate business organizations currently holding land use rights and receiving land use rights; real estate business organizations established by organizations currently using land to implement commercial housing projects on the area of facilities that must be relocated due to environmental pollution, facilities that must be relocated according to construction planning and urban planning.
Clarifying solutions to limit negative impacts of the pilot
After examination, the Standing Committee of the National Assembly's Economic Committee agreed with the necessity of developing a Resolution as proposed by the Government, requesting the Government to assess in detail and comprehensively the practical situation of commercial housing development, the effectiveness of using land funds for commercial housing development in provinces and centrally run cities; assess the current situation of land acquisition and speculation; and solutions to limit the negative impacts of the pilot.
Regarding the conditions for implementing commercial housing projects through agreements on receiving land use rights or having land use rights, the Standing Committee of the Economic Committee said that, Land Law has prescribed the conditions for exercising the rights of land users, including very strict regulations on the conditions for receiving and transferring land use rights for different types of land.
Provisions such as the draft Resolution will create a legal corridor parallel to the provisions of the Land Law on land for commercial housing investment during the pilot period; potentially causing conflicts and overlaps with regulations related to forestry, national defense, security, beliefs and religions.
The Standing Committee of the Economic Committee proposed to review, study, and specifically identify each type of land for commercial housing projects; clarify the application of the pilot mechanism for the conditions for receiving the transfer of land types as stipulated in the Land Law; study the pilot conditions based on the time of receiving land use rights (or having land use rights) before and after the Resolution takes effect; at the same time, propose to study and supplement the principle of ensuring the stability of 3.5 million hectares of rice land, maintaining a stable forest cover rate of 42%.
In addition, there are opinions suggesting that strict regulations should be made for the adjustment of district-level land use planning related to the scope of the pilot land area. Other opinions suggest that regulations should be made in the direction of assigning the Government and People's Committees at all levels to strictly control the adjustment of planning for residential land; and take responsibility if there is profiteering in land acquisition and planning adjustment.
Need to study and carefully consider the scope of the pilot
Discussing at the meeting, some opinions said that the Government needs to supplement and provide more information, assess more carefully the current situation and implementation of commercial housing projects, analyze the main shortcomings and difficulties of localities to have appropriate pilot plans, resolve the remaining problems, and avoid land speculation or project request-grant mechanisms.
Regarding the scope of the pilot, the drafting agency needs to report and clarify the suitability of the scope of the pilot in localities, urban areas, and areas planned for urban development nationwide. The Government's dossier states that not all localities nationwide have problems. In fact, some localities do not have problems and do not propose to carry out the pilot.
This is a major policy that will have a major impact on the economy, so if the pilot is conducted nationwide, dealing with the impacts of the policy will be very complicated. Therefore, the Government needs to clarify the basis for selecting the nationwide pilot scope for implementing commercial housing projects through agreements on receiving land use rights or having land use rights.
Concluding the discussion, Vice Chairman of the National Assembly Nguyen Duc Hai stated that the National Assembly Standing Committee agreed to submit to the National Assembly for consideration and decision the pilot implementation of commercial housing projects through agreements on receiving land use rights or having land use rights to institutionalize the Party's policy, contributing to the release of land resources, socio-economic development, and meeting the housing needs of the people. The Government is responsible for the appropriateness of the proposed contents in the Submission and draft Resolution, ensuring that they are consistent with the conclusions of competent authorities.
The Vice Chairman of the National Assembly requested the Government to accept the opinions of the National Assembly Standing Committee and the examining agency to complete the content of the Submission, noting to supplement the missing documents and records as required, clarify the basis, grounds, urgency, effectiveness, feasibility, in accordance with the conclusion of the competent authority on selecting a pilot nationwide, the conditions and criteria for selecting a pilot project.
The pilot implementation must ensure compliance with regulations on rice growing areas, forest coverage rates, and land indicators decided by competent authorities. The Government must fully forecast risks and include appropriate regulations in the Resolution to implement solutions within its authority to prevent negativity, speculation, and policy profiteering, and avoid the situation of leaving land fallow or building indiscriminately and wastefully.
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