The National Assembly has passed a resolution on piloting commercial housing projects through agreements on the transfer of land use rights or existing land use rights. |
The resolution stipulates a pilot program for commercial housing projects through agreements on the transfer of land use rights or existing land use rights nationwide for the following cases: Real estate businesses acquiring land use rights. Real estate businesses with existing land use rights. Real estate businesses with existing land use rights and acquiring new land use rights. Real estate businesses established by organizations currently using land to implement commercial housing projects on the area of facilities that must be relocated due to environmental pollution or urban planning requirements.
The resolution applies to: State agencies. Real estate businesses as prescribed by the Law on Real Estate Business. Land users as prescribed by the Land Law.
Regarding the conditions for implementing commercial housing projects through agreements on the transfer of land use rights or existing land use rights, the resolution states that real estate businesses are allowed to implement such projects by acquiring or utilizing existing land use rights for one or more types of land: agricultural land; non-agricultural land that is not residential; residential land and other land in the same land lot in cases of agreements on the transfer of land use rights.
The pilot program for commercial housing projects through land use right agreements must meet the following criteria: Implemented in urban areas or areas planned for urban development, not exceeding 30% of the increased residential land area in the 2021-2030 planning period compared to the current land use status, as per the approved provincial planning’s land allocation and zoning plan. Not falling under the projects specified in Clause 4, Article 67 of the Land Law. For the case mentioned in Point a, Clause 1, Article 1 of this resolution, the land area for project implementation must not be on the list of works and projects requiring land retrieval, as approved by the provincial People’s Council as stipulated in Clause 5, Article 72 of the Land Law.
The resolution clarifies that the provincial People’s Committee shall submit to the provincial People’s Council for approval the list of land plots intended for pilot projects simultaneously with the approval of the list of works and projects requiring land retrieval as prescribed in Clause 5, Article 72 of the Land Law.
For the area of defense and security land that has been planned for conversion from defense and security land use and complies with construction and urban planning, as well as housing development programs and plans, priority shall be given to the Ministry of 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 in accordance with the law, without the need to arrange or handle public assets as prescribed by the law on management and use of public assets.
Implementation and Reporting: The resolution mandates the Government to direct relevant ministries and sectors to monitor, inspect, and supervise the implementation of this resolution. A three-year review shall be conducted in 2028, and a five-year review shall be presented in 2030, reporting to the National Assembly for consideration and decision.
Provincial People’s Councils and People’s Committees shall organize the implementation of this resolution in their respective localities. People’s Committees of provinces and centrally-run cities shall take responsibility and report the implementation results annually to the Government before December 31 during the pilot period. They shall also report the three-year review results before January 31, 2028, and the five-year review results before January 31, 2030.
This resolution will be effective for five years, starting from January 1, 2025.
Hai Giang
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