Removing obstacles for some projects and land according to inspection conclusions in 3 localities
The content mentioned in Resolution 170/2024/QH15 on specific mechanisms and policies to remove difficulties and obstacles for projects and land in the conclusions of inspections, examinations, and judgments in Ho Chi Minh City, Da Nang City and Khanh Hoa Province.
Resolution 170/2024/QH15 stipulates specific mechanisms and policies to remove difficulties and obstacles for projects and land in the conclusions of inspections, examinations and judgments in Ho Chi Minh City, Da Nang City and Khanh Hoa Province, as determined in the Appendix issued with Resolution 170/2024/QH15 and 1,313 cases of violations of land use term when granting Land Use Right Certificates, Land Use Right Certificates, Housing Ownership Rights and other assets attached to land as prescribed in Clause 3, Article 3 of Resolution 170/2024/QH15.
Piloting the implementation of commercial housing projects through agreements on receiving land use rights
Resolution 171/2024/QH15 stipulates the pilot implementation of commercial housing projects through agreements on receiving land use rights or having land use rights (hereinafter referred to as pilot projects) nationwide in the following cases:
- Projects of real estate business organizations receiving land use rights.
- Projects of real estate business organizations having land use rights.
- Projects of real estate business organizations having land use rights and receiving land use rights.
- Projects of real estate business organizations established by organizations using land to implement commercial housing projects on the area of production and business establishments that must be relocated due to environmental pollution, establishments that must be relocated according to construction planning and urban planning.
The conditions for implementing the pilot project are as follows:
- The implementation of the pilot project must meet the following conditions:
+ The scope of the land plot or plot of land for project implementation is in accordance with the district-level land use planning or construction planning, urban planning.
+ The scope of the land plot and land plot for project implementation is in accordance with the approved local housing development program and plan.
+ The scope of land plots and plots for project implementation is included in the list of land plots expected to implement pilot projects approved by the Provincial People's Council according to the provisions of Clause 2, Article 4 of Resolution 171/2024/QH15.
+ Having a written approval from the Provincial People's Committee on the agreement to receive land use rights to implement a pilot project in the cases specified in Point a and Point c, Clause 1, Article 1, Resolution 171/2024/QH15.
+ Real estate business organizations must meet the conditions prescribed by law on land, housing, real estate business, investment and other relevant legal provisions.
- In case of using areas of national defense land and security land that have been planned to be removed from national defense land and security land to implement a pilot project, the conditions specified in Clause 1, Article 3 of Resolution 171/2024/QH15 and having a written approval from the Ministry of National Defense for national defense land and the Ministry of Public Security for security land must be met.
- Real estate business organizations implementing pilot projects that meet the conditions specified in Clause 1 and Clause 2, Article 3 of Resolution 171/2024/QH15 are allowed to receive a transfer of land use rights and land use purpose for one, some or all of the following types of land to implement the pilot project:
+ Agricultural land.
+ Non-agricultural land other than residential land.
+ Residential land and other land in the same plot of land in cases of agreement on receiving land use rights.
