On the morning of November 13, at the 8th Session, Minister of Natural Resources and Environment Do Duc Duy, authorized by the Prime Minister, presented a report on the draft Resolution on piloting the implementation of commercial housing projects through agreements on receiving land use rights or having land use rights.
This Resolution stipulates the pilot implementation of commercial housing projects through agreements on receiving land use rights or having land use rights nationwide in the following cases:
First, the project of the real estate business organization receives land use rights.
Second, the project of the real estate business organization has the right to use the land.
Third, the project of the real estate business organization has the right to use land and receive the right to use land.
Fourth, the project of a real estate business organization is established by organizations using land to implement a commercial housing project on the area of a facility that must be relocated due to environmental pollution, or a facility that must be relocated according to construction planning and urban planning.
This Resolution applies to state agencies; real estate business organizations according to the provisions of the law on real estate business; land users according to the provisions of the Land Law.
The agreement on receiving land use rights is carried out through the transfer of land use rights according to the provisions of the law on land.
Real estate business organizations implementing pilot projects under this Resolution shall exercise the rights and obligations of land users in accordance with the provisions of this Resolution and the provisions of the law on land.
The implementation of the following commercial housing projects is not within the scope of regulation and subject to application of this Resolution but is carried out in accordance with the provisions of the Land Law, including:
Real estate business organizations carry out commercial housing projects through agreements on receiving land use rights.
Real estate business organizations carry out commercial housing projects on land areas with land use rights, which are residential land or residential land and other land.
Regarding land types, real estate business organizations implementing commercial housing projects through agreements on receiving land use rights or having land use rights that are converted to land use purposes for one or more of the following types of land: agricultural land; non-agricultural land that is not residential land; residential land and other land in the same plot of land in the case of agreements on receiving land use rights.
For the area of national defense land and security land that has been planned to be removed from national defense land and security land, in accordance with construction planning, urban planning, housing development programs and plans, priority shall be given to the Ministry of National Defense and the Ministry of Public Security to organize the implementation of commercial housing projects to prioritize sale, lease, and hire-purchase for officers and soldiers of the armed forces.
The remaining area of house and land (if any) can be sold, rented, or leased to other customers in need according to the provisions of law.
The implementation of arrangement and handling of public assets such as national defense land, security land, assets on national defense land, security land prescribed in this clause shall be implemented according to the provisions of Clause 3, Article 83 of the Land Law.
