From today (Eprember 1, 2025), Resolution No. 171/2024/QH15 on piloting the implementation of commercial housing projects through agreements on receiving land use rights or having land use rights officially takes effect.
Accordingly, Clause 3, Article 3 of the Resolution clearly states that real estate business organizations that are allowed to transfer land use rights and change land use purposes for agricultural land to implement pilot projects must be approved by the Provincial People's Council.
pilots must meet conditions such as the scope of land plots and plots for project implementation in accordance with district-level land use planning or construction planning, urban planning; the scope of land plots and plots for project implementation in accordance with the approved local housing development program and plan.
Real estate business organizations must meet the conditions prescribed by law on land, housing, real estate business, investment and other relevant legal provisions.
In particular, in the 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 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.
Regarding the criteria for selecting pilot projects, Clause 1, Article 4 of the Resolution stipulates that the criteria for selecting pilot projects must meet the following criteria:
Implemented in urban areas or areas planned for urban development;
The total residential land area in pilot projects (including existing residential land and land is expected to change the purpose of land use into residential land) does not exceed 30% of the residential area increased in the planning period (compared to the current status of residential land use) under the plan of allocation and zoning of the land in the provincial planning period 2021-2030 approved;
Not falling under the projects specified in Clause 4, Article 67 of the Land Law;
In the case specified in Point a, Clause 1, Article 1 of this Resolution, the land area for pilot projects must not be on the list of works and projects requiring land acquisition approved by the Provincial People's Council according to the provisions of Clause 5, Article 72 of the Land Law.
