National Assembly Chairman Tran Thanh Man signed a Resolution on piloting the implementation of commercial housing projects through agreements on receiving land use rights or having land use rights.
Resolution No. 171/2024/QH15 stipulates the pilot implementation of commercial housing projects through agreements on receiving land use rights or having land use rights nationwide in the following cases:
Project of real estate business organization receiving land use rights.
Project of real estate business organization having land use rights;
Projects of real estate business organizations that have land use rights and receive land use rights;
The project of a real estate business organization is established by organizations using land to implement a commercial housing project on the area of a production and business establishment that must be relocated due to environmental pollution, or the establishment must be relocated according to construction planning and urban planning.
The Resolution clearly states that the implementation of commercial housing projects is not within the scope of this Resolution but is implemented in accordance with the provisions of the Land Law, including: Projects of real estate business organizations receiving the right to use residential land; projects of real estate business organizations that currently have the right to use residential land or residential land and other land.
The agreement on receiving land use rights to implement the pilot project is carried out through the transfer of land use rights in accordance with the provisions of the law on land.
In case within the scope of the land plot or land plot for pilot implementation, there is an area of land managed by a State agency or organization but cannot be separated into an independent project, the area of land managed by the State agency or organization shall be included in the total land area for project establishment and shall be recovered by the State to be allocated or leased to investors to implement the project without having to go through the form of auction of land use rights, without having to bid to select investors to implement the project using land.
Resolution No. 171/2024/QH15 takes effect from April 1, 2025 and will be implemented for 5 years.
After this Resolution expires, real estate business organizations implementing pilot projects according to the progress recorded in the investment project may continue to implement until the project is completed.
The recipient of land use rights and property ownership rights attached to land in the pilot project has the rights and obligations of land users and property owners as prescribed by law.
