At the 8th Session, the 15th 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 (Resolution).
Accordingly, with this Resolution, from April 1, 2025, investors are allowed to negotiate the right to use agricultural land, non-agricultural land (commercial service land) that is not residential land, and other land in the same plot to do commercial housing projects.
The agreement on receiving land use rights for pilot projects is carried out in accordance with legal regulations.
In case within the scope of the pilot area or land plot, there is land area managed by state agencies or organizations but cannot be separated into independent projects, this part will be included in the total common land area for project establishment and will be recovered by the State and assigned to investors without auction or bidding.
The condition for the pilot project is that the area or plot of land must comply with the district-level land use planning or 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 business enterprises must meet the conditions on land, housing law, 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.
Sharing with Lao Dong reporter, Mr. Nguyen The Diep - Member of Vietnam Real Estate Association - said that currently in Hanoi alone, there are about 300 projects that have to stop implementation due to regulations on no residential land in the project.
According to Mr. Diep, this Resolution to pilot the implementation of commercial housing projects through agreements to receive rights or to have land use rights is very timely and important to solve problems for the real estate market, suitable for the current development stage.
Regarding the issue of investors in commercial housing projects being agreed to receive land use rights, Mr. Nguyen The Diep said that the people benefit a lot. Accordingly, people have the right to transfer more flexibly, at prices more suitable to the market.
As for investors, when they have the right to negotiate, they can buy without having to bid or auction. This cuts down on procedures and will help investors implement projects faster.
“Currently, our businesses are basically small and medium-sized enterprises, with limited financial capacity and conditions for bidding and auctioning. When the Resolution is passed, there will be more opportunities for businesses. When more businesses do real estate, the supply will meet the demand, thus avoiding sudden price increases,” Mr. Nguyen The Diep emphasized.
This person hopes that with the above Resolution, in the future, Hanoi and Ho Chi Minh City will no longer have a shortage of apartment segments. This is "one arrow hitting many targets" as the country develops, supply meets demand, and housing prices have the opportunity to decrease.
