On the afternoon of November 30, with more than 86% of delegates in favor, the National Assembly voted to pass the Resolution on piloting the implementation of commercial housing projects through agreements to receive rights or have land use rights.
Accordingly, this Resolution stipulates the pilot implementation of commercial housing projects through agreements on receiving land use rights or having land use rights nationwide.
Four pilot cases include: Projects of real estate business organizations receiving land use rights; projects of real estate business organizations currently holding land use rights; projects of real estate business organizations currently holding land use rights and receiving land use rights; projects of real estate business organizations established by organizations currently 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.
In addition, the Resolution also clearly stipulates that commercial housing projects are not subject to the scope of this Resolution but are implemented in accordance with the provisions of the Land Law: 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 area or land plot for pilot implementation, there is land area managed by State agencies or organizations but cannot be separated into independent projects, it will be included in the total land area for project establishment and recovered by the State to allocate or lease to investors to implement the project without going through auction or bidding.
The condition for projects to pilot this policy is that the area or plot of land must comply with the district-level land use planning, or the urban and construction planning. The area or plot of land must be on the list approved by the provincial People's Council.
The selected pilot project must be in an urban area and not part of a project that must be recovered. The pilot project must have a maximum of 30% of additional residential land area during the planning period (compared to the current land use status) according to the land allocation and zoning plan of the provincial planning until 2030.
The provincial People's Committee will consider and grant licenses to real estate business organizations to receive land use rights transfers. Along with that, real estate businesses must meet the conditions on land, housing laws, real estate business, and investment.
In case the investor receives the transfer of land use rights with origin as national defense and security land, written approval from the Ministry of National Defense and the Ministry of Public Security is required.
Pilot implementation nationwide will ensure consistency, unity and fairness among localities.
This policy is piloted for 5 years and takes effect from April 1, 2025.
