National Assembly Chairman Tran Thanh Man has just 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 clearly states that the implementation of the pilot project must meet the following 5 conditions:
- The scope of the land area and land plot for project implementation must comply with the district-level land use planning or construction planning and urban planning;
- The scope of the land and land plot for project implementation is consistent with the approved local housing development program and plan;
- The scope of the land and land plots implementing the project is included in the list of land plots expected to implement the pilot project approved by the Provincial People's Council according to regulations;
- There is a written approval from the Provincial People's Committee on the agreement to receive land use rights to implement the pilot project for the cases specified in Point a and Point c above;
- Real estate business organizations must satisfy the conditions prescribed by law on land, housing, real estate business, investment and other relevant legal provisions.
The Resolution also clearly states that in the case of using the planned area of national defense land and security land to carry out pilot projects, the above conditions must be met and there must be written approval from the Ministry of National Defense for national defense land and the Ministry of Public Security for security land.
Also according to the Resolution, real estate business organizations implementing pilot projects that meet the above-mentioned conditions are allowed to receive land use rights transfer and change land use purposes for one, some or the following types of land to implement the pilot project: Agricultural land; non-agricultural land that is not residential land; residential land and other land in the same plot of land in cases of agreement on receiving land use rights.
As for the criteria for selecting pilot projects. The Resolution stipulates that the selection of pilot projects must meet 4 criteria as follows:
- Carried out in urban areas or areas planned for urban development.
- The total residential land area in the pilot projects (including existing residential land and land expected to change its land use purpose to residential land) shall not exceed 30% of the additional residential land area during the planning period (compared to the current status of residential land use) according to the approved land allocation and zoning plan in the provincial planning for the period 2021 - 2030.
- Not included in the projects specified in Clause 4, Article 67 of the Land Law.
- For the case specified in Point a above, the land area for implementing the pilot project must not be on the list of works and projects requiring land recovery approved by the Provincial People's Council according to the provisions of Clause 5, Article 72 of the Land Law.
The Resolution takes effect from April 1, 2025 and will be implemented for 5 years.