The Ho Chi Minh City Real Estate Association (HoREA) has submitted a proposal to the National Assembly’s Standing Committee regarding the draft resolution on mechanisms and policies to address challenges in implementing the Land Law. The proposal also addresses amendments to Resolution 98, which pilots specific mechanisms for HCMC’s development.
HoREA suggests amendments to transitional provisions concerning land allocation, leasing, and land-use conversion for Build-Transfer (BT) projects where land funds have been used as payment under signed and completed contracts.
For land funds used to settle BT contracts signed between July 1, 2025, and the resolution’s effective date—without land recovery, allocation, or leasing decisions—the resolution’s provisions and public-private partnership (PPP) investment laws will apply.
Challenges in determining land-use payment timelines have stalled hundreds of BT projects. Illustrative photo: Hoàng Hà |
For BT contracts completed and handed over before July 1, 2025, land prices will be determined at the project initiation, tendering, or contract signing stage.
HoREA also recommends amending Article 1, Clause 2 of the draft resolution to ensure consistency with existing legal frameworks.
These proposals stem from feedback from companies like MHL Investment JSC (MHL), which faces challenges determining land-use payments for a BT project at 448 Nguyen Tat Thanh Street, HCMC.
MHL has petitioned the National Assembly’s Standing Committee and HCMC’s delegation to resolve land payment timeline issues for the project.
In 2016, after signing a BT contract and receiving land at 448 Nguyen Tat Thanh (formerly Ward 18, District 4, now Xom Chieu Ward), MHL fulfilled its obligations and completed the project by February 2018.
In March 2025, HCMC authorities issued a land allocation decision. However, MHL faces delays due to unresolved land valuation timelines among authorities.
MHL previously urged the National Assembly to amend Resolution 98 to support pre-2021 BT projects.
According to HoREA Chairman Le Hoang Chau, many past BT projects lacked formal contracts, necessitating clear land valuation criteria to resolve hundreds of stalled projects nationwide.
By Nguyen Le
– 13:15 15/10/2025
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