On June 18, 2024, the National Assembly issued a Draft Resolution on piloting the implementation of commercial housing projects through agreements on receiving land use rights or having land use rights that are not land. landscape.
This draft Resolution stipulates pilot implementation of commercial housing projects through agreements on receiving land use rights or having land use rights that are not residential land (hereinafter referred to as pilot projects). points) nationwide.
Land to implement commercial housing projects through agreements on receiving land use rights is land types as prescribed in Article 9 of the Land Law 2024 that are eligible for transfer of land use rights according to the provisions of law. land law. Form of agreement: transfer of land use rights, capital contribution with land use rights.
Land that real estate businesses currently have the right to use belongs to or includes: Agricultural land; Non-agricultural land is not residential land.
Criteria for selecting projects for pilot implementation include 2 options.
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Option 1:
The pilot implementation of commercial housing projects through agreements on receiving land use rights or having land use rights that are not residential land must not exceed 30% of the project quantity and 20% of the total area. Analyze the need to develop housing projects approved by the housing development program and plan until 2030.
Priority will be given to pilot implementation in cases that meet the following conditions:
(i) Land in urban areas or approved urban development planning areas;
(ii) Enterprises with real estate business functions are using land allocated by the State with land use fees or the State leases land with a one-time land rent for the entire lease period;
(iii) In cases where the facility must relocate due to environmental pollution or must relocate due to inconsistency with construction planning or urban planning.
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Option 2:
Pilot implementation of commercial housing projects through agreements on receiving land use rights or having land use rights in the following cases:
(i) In case the investor has a document from the Provincial People's Committee approving the implementation of a commercial housing project through an agreement to receive land use rights before the date of Land Law No. 31/2024/QH15 take effect;
(ii) In case the investor has land use rights originating from land allocated by the State with collection of land use fees or leased land with one-time land rental payment for the entire lease period;
(iii) In case the investor has the right to use non-agricultural land, the facility must relocate due to environmental pollution, or the facility must relocate according to construction or urban planning.
The Provincial People's Committee submits to the People's Council at the same level for approval of the pilot project list before implementing the pilot
This Resolution is expected to take effect from January 1, 2025 and be implemented for 5 years.
