Accordingly, the Resolution aims to remove obstacles related to mechanisms and policies, shorten processing times, and thereby improve the efficiency of managing and utilizing surplus housing and land funds generated from the reorganization of district and commune-level administrative units, as well as the implementation of the two-tiered local government model.
Reports from localities indicate that by the end of January 2026, nearly 26,000 properties had completed Step 1, clearly identifying the entities responsible for their management, use, and exploitation. However, more than 10,000 properties still need to be processed in Step 2, a crucial stage that determines the effectiveness of asset exploitation. In reality, as localities enter the accelerated phase of processing Step 2, they encounter several difficulties, such as surplus properties being offices and operational facilities of agencies, organizations, and units, whose designs and functions are no longer suitable for exploitation when handed over to organizations with the function of managing and operating local housing. Simultaneously, specific mechanisms and policies are needed regarding the procedures for handover, rental rates, and price posting periods to expedite the process of putting these properties into exploitation, preventing damage, deterioration, and waste.
Furthermore, in many cases, houses and land lack or have lost legal documents; some cases have been allocated for housing or have been encroached upon, and completing the legal documentation for houses and land according to regulations takes time. Simultaneously, organizing the forced relocation of households and clearing the land before processing faces many difficulties because the agencies and units owning the houses and land lack the authority, functions, and organizational structure.
In addition, some surplus houses and land plots have not been immediately put into use for public works such as libraries, parks, cultural and sports facilities, etc., due to the need to carry out procedures for changing the land's function, liquidating assets on the land, adjusting the planning, etc.
The Ministry of Finance stated that, given the aforementioned shortcomings and the urgent need to address surplus public assets, the issuance of a unique and groundbreaking mechanism is necessary to resolve the emerging issues.
In handling surplus housing and land in certain special cases, according to the draft Resolution, for surplus housing and land resulting from organizational restructuring and administrative unit reorganization, based on proposals from the managing agencies, organizations, and units, the competent authority will consider and decide to transfer them to the locality for management and handling in accordance with the law on public assets.
Notably, the transfer was carried out in its current state, including cases where legal documents for the house and land were missing or lost; houses and land already allocated for housing or encroached upon. Furthermore, the usual procedure of obtaining the opinion of the Chairman of the Provincial People's Committee was not required.
The agency, organization, or unit owning the assets is responsible for the status of the records and the current condition of the house and land upon transfer and will continue to coordinate with local authorities to handle any issues arising after the handover.
For surplus land and buildings whose function is being converted to public purposes such as gardens, playgrounds, or community facilities, but where the existing structures are no longer suitable, the draft allows the competent authority to decide on the demolition and removal of the buildings and structures attached to the land to implement a new land use plan. Demolition can be carried out even if the assets are still usable or have not yet reached the end of their depreciation period. This regulation aims to expedite the conversion of land use purposes and avoid delays caused by issues related to the value of remaining assets.
For surplus land and buildings that are transferred, repurposed, or converted for use as offices, operational facilities, public works, defense, or security projects, the updating and adjustment of land use planning, construction planning, and related specialized plans will be carried out after a decision has been made by the competent authority.
This regulation is expected to resolve the planning bottleneck, which has been one of the reasons for the prolonged process of dealing with surplus houses and land in recent times.
For surplus land and buildings that have been transferred to local authorities and processed through land allocation or leasing, the draft Resolution stipulates that those to whom the land is allocated or leased must reimburse the State the remaining value of the house and assets attached to the land at the time of land allocation or leasing.
This regulation applies even if the property has been demolished before the land was allocated or leased, or if the property is sold to the same person to whom the land was allocated or leased. If the property is not yet recorded in the accounting books, the determination of its remaining value will be carried out according to the Ministry of Finance's guidelines on the management and depreciation of fixed assets.
The draft resolution also addresses the case where houses and assets attached to land are built on land owned by other organizations or individuals, but the unit currently managing them no longer needs to use them.
In cases where the landowner wishes to reclaim the property, the managing agency will issue a handover decision and organize the handover. The organization or individual receiving the property is responsible for returning the remaining value according to the accounting records, except for state agencies, public service units, armed forces, Party agencies, the Fatherland Front, and socio-political organizations, which are exempt from repayment.
If the organization or individual owning the land no longer wishes to receive the assets, the managing authority may liquidate the assets by demolishing and destroying them, and returning the land to its original state. The liquidation and disposal of recovered materials and supplies shall be carried out in accordance with regulations.
The Resolution is expected to be submitted to the Government for promulgation in the second quarter of 2026, with the special mechanisms to be applied for a period of 5 years.
Source: https://baotintuc.vn/thoi-su/can-co-che-dac-thu-xu-ly-hon-10000-co-so-nha-dat-doi-du-20260503183428484.htm
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