Bac Ninh voters proposed that the Government study and submit to the National Assembly for consideration amending and supplementing the 2024 Land Law; the Construction Law; the 2019 Public Investment Law; the 2023 Housing Law in the direction of: For mountainous areas with difficult economic conditions such as Son Dong commune, Bac Ninh province, allowing the use of public investment capital to invest in housing projects, residential areas or with special mechanisms (no investors are required to use capital outside the budget) then dividing plots and organizing auctions of land use rights for individuals; not applying conditions for building rough houses or designing housing models because they are not suitable to the cultural reality of the region, on the other hand, people are unable to buy land and rough houses.
After studying, the Ministry of Construction would like to answer as follows:
Article 5 of the Law on Public Investment 2024 stipulates that there are 08 public investment subjects, including no subjects as investment projects in urban areas or commercial housing, but only stipulates that public investment subjects are: Investment in programs, socio-economic infrastructure projects, other public investment subjects according to relevant legal regulations...
Clause 1, Article 30, Clause 1, Article 31 of the Housing Law 2023 stipulates types of housing construction investment projects, including investment projects to build technical infrastructure systems using state capital to auction land use rights.
Clause 2 and Clause 3, Article 41 of Decree No. 102/2024/ND-CP dated July 30, 2024 of the Government detailing the implementation of a number of articles of the Land Law stipulates the organization of land fund development for development, management and exploitation of land funds in the following cases:
Implement infrastructure construction projects to create land funds for auctioning land use rights to implement investment projects to build urban areas with mixed-use functions, synchronizing technical infrastructure systems, social infrastructure with housing according to the provisions of the law on construction.
Implement infrastructure construction projects to create land auction funds for land use rights to implement rural residential area projects; to arrange resettlement; project to arrange residential land for ethnic minorities to implement land support policies for ethnic minorities according to the provisions of the Land Law".
Clause 1 and Clause 2, Article 42 of Decree No. 102/2024/ND-CP stipulate:
A land fund creation project is a project specified in Clauses 2 and 3, Article 41 of this Decree assigned by the People's Committee at the competent level to the affiliated land fund development organization for implementation.
The establishment, appraisal and approval of land fund creation projects specified in Clauses 2 and 3, Article 41 of this Decree shall be implemented as investment projects in the construction of technical infrastructure works using state capital other than public investment or public investment capital according to the provisions of the law on construction and the law on public investment.
Therefore, the use of public investment capital to implement infrastructure construction projects to create land funds for auctioning land use rights as proposed by voters in Bac Ninh province is carried out in accordance with the provisions of the law on land, without problems related to the provisions of the law on housing.
