On the morning of November 21, the National Assembly discussed the draft Resolution on piloting the implementation of commercial housing projects through agreements on receiving land use rights or having land use rights.
Explaining and clarifying a number of issues raised by delegates, Minister of Natural Resources and Environment Do Duc Duy said that the purpose of issuing the resolution is to supplement land access methods to implement commercial housing projects that the current Land Law does not allow.
Minister Do Duc Duy also explained the mechanism for transferring land use rights and the method of accessing land to implement commercial housing projects.
Accordingly, the 2014 Housing Law, which was promulgated and took effect from January 1, 2015, has restricted two forms of land access (the form of self-negotiation with land users and the form of having land use rights and requesting to change the purpose) to implement commercial housing projects.
The 2024 Land Law inherits this provision of the 2014 Housing Law, with even stricter regulations.
Thus, for commercial housing projects with land area under 20 hectares, according to the provisions of the 2024 Land Law, there will be no land access method because it is not subject to land acquisition by the State. Such projects are also not subject to agreement on transfer of rights or change of land use purpose, if there is no residential land in the area.
"Therefore, the purpose of issuing this resolution is to remove current difficulties and obstacles that occur in all localities across the country, especially small provinces with small-scale real estate markets and not many urban area projects of 20 hectares or more.
The remaining projects do not have land access methods and cannot be implemented, so it is necessary to issue this resolution. Due to nationwide problems, it is necessary to implement it nationwide to ensure fairness and overcome the request-grant mechanism," the Minister of Natural Resources and Environment stated.
Regarding the issue of ensuring food security and protecting rice and forest land, Minister Do Duc Duy emphasized that this issue is strictly controlled right from the stage of establishing national land use planning to provincial land use planning as well as construction and urban planning.
In the planning and plans, it has been determined how much agricultural land area is converted to non-agricultural purposes to implement socio-economic development projects, including land areas to implement projects under this resolution as well as commercial housing development projects under the provisions of the 2024 Land Law.
"Thus, whether implemented according to the Land Law or the pilot mechanism of this Resolution, all of these projects must comply with planning, ensure the stability of 3.5 million hectares of rice land and ensure forest cover," the Minister of Natural Resources and Environment emphasized.
Regarding the area of national defense and security land, in the draft design, the area removed from national defense and security land, in accordance with the planning for housing development that has not been handed over to the locality, will be given priority to the Ministry of National Defense and the Ministry of Public Security to organize the implementation of commercial housing projects for sale to officers and soldiers of the armed forces.
Minister Do Duc Duy said that this regulation is designed to facilitate the rapid conversion of defense and security land into residential land in accordance with planning, creating conditions to solve housing needs for officers and soldiers of the armed forces.
The resolution is designed to assign the Ministry of National Defense and the Ministry of Public Security to select an investor to implement the project. Once an investor is selected, the investor will have to follow all the processes, procedures, and conditions similar to other projects.
