On the morning of November 21, the National Assembly discussed in the hall the draft Resolution on piloting the implementation of commercial housing projects through agreements on receiving land use rights or having land use rights.
Delegate Trinh Xuan An (Dong Nai Delegation) expressed his support for the draft resolution with sufficient political and legal bases such as the submission and the review report. The National Assembly's issuance of this additional resolution will be the basis for unlocking resources and increasing land resources for socio-economic development.
Regarding the scope of the pilot, delegates agreed with the pilot implementation nationwide but not in a general or mass manner. Delegates highly appreciated the design in the resolution for a nationwide pilot but for which projects and criteria.
In which, with the provisions in the draft resolution, it will certainly only apply to urban areas, there is no such thing as taking rice fields and agricultural land in a large and widespread manner to implement the resolution. This is a quite reasonable design for implementation.
The delegate said that the draft resolution received comments from the discussion group, and separated Article 1 into scope of regulation and applicable subjects. The delegate suggested designing a separate article on the rights and responsibilities of real estate business organizations.
It is necessary to add some principles that must be implemented according to the provisions of the Land Law and not violate the regulations that lead to speculation and price increases.
Regarding the pilot permission for defense and security land, the delegate said that this type of land has been strictly regulated in the Land Law and Housing Law for the development of social housing and housing for the armed forces. Currently, there is an additional Directive No. 34-CT/TW on strengthening the Party's leadership in the development of social housing in the new situation.
These are mechanisms to care for the lives of armed forces officers and soldiers as well as promote the value and effectiveness of national defense and security land.
Expressing support for the pilot, delegates proposed to add the Ministry of National Defense and the Ministry of Public Security to approve the list of land areas planned to implement the pilot project at the same time as approving the list of land acquisition works and projects to be proactive.
When implementing projects, it is also necessary to follow the general regulations of this resolution, and arrange public assets such as the Land Law, Housing Law... to ensure strictness.
According to the delegate, when the resolution is passed, there should also be principles to have a healthy, suitable real estate market that meets requirements, avoiding creating land fever and violating the law.
The draft resolution stipulates the criteria for selecting pilot projects as follows:
- Implemented in urban areas, areas planned for urban development and not exceeding 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.
- In case of receiving land use rights, the land for project implementation must not be on the list of works and projects requiring land recovery approved by the Provincial People's Council (considered and decided at the same time as approving the list of works and projects requiring land recovery as prescribed in Articles 78 and 79 of the Land Law).
When adopted, this Resolution shall be implemented for a period of 5 years and shall come into force from January 1, 2025.
