On November 3, 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.
Presenting the Report at the meeting, Minister of Natural Resources and Environment Do Duc Duy said that 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.
In addition, the Resolution also limits the occurrence of administrative procedures, reduces compliance costs, and limits land acquisition by the State, which can easily lead to complaints from the people.
According to the Minister of Natural Resources and Environment, this Resolution stipulates the pilot implementation of commercial housing projects through agreements on receiving land use rights or having land use rights nationwide in cases in which real estate business organizations receive land use rights.
Presenting the review report, Chairman of the Economic Committee Vu Hong Thanh requested the Government to conduct a detailed and comprehensive assessment of the practical situation of commercial housing development, the effectiveness of land use 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 the Land Law has stipulated 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, research, and specifically identify each type of land for commercial housing projects; clarify the application of a pilot mechanism for the conditions for receiving transfers of land types as prescribed in the Land Law.
At the same time, it is proposed to study and supplement the principle of ensuring the stability of 3.5 million hectares of rice land and maintaining a stable forest cover rate of 42%.
In addition, there are opinions suggesting regulations in the direction of assigning the Government and People's Committees at all levels to strictly control the adjustment of planning for residential land; taking responsibility if there is profiteering in land collection and planning adjustment.
Discussing at the meeting, some opinions of members of the National Assembly Standing Committee said that the Government needs to supplement and provide more information, and more carefully assess the current situation and implementation of commercial housing projects.
Thereby, analyzing the main shortcomings and difficulties of localities to have appropriate pilot plans, properly resolving the remaining problems, avoiding land speculation or project request-grant mechanisms.
