Previously, in the group discussion sessions on December 3, the issue of handling problems of BT (build-transfer) projects was of interest to many delegates, because many projects are stuck in the mechanism of determining land payment prices or land allocation procedures. This is also an issue that SGGP Newspaper has continuously mentioned in a series of related articles in recent times.
Delegate Nguyen Tam Hung (HCMC) supports the regulation clarifying the responsibility for BT payment in accordance with legal regulations at the time of signing the contract.
However, delegates suggested considering adding a requirement to publicize all information on the land fund for payment, land fund value, price determination method and audited construction volume before land allocation or land lease. This is a necessary mechanism to prevent the risk of loss of public assets - an issue that has caused many consequences in the practice of BT projects nationwide. When fully publicized and transparent, payments can ensure community supervision and the legitimacy of the State.
Delegate Tran Huu Hau ( Tay Ninh ) pointed out that the biggest current problem lies in the inconsistency between the Land Law and the Law on Public-Private Partnership (PPP) Investment.
According to the Land Law, land prices must be calculated at the time the State allocates land, while the PPP Law calculates at the time of project establishment or bidding documents preparation.
Delegates proposed determining land prices at the time of signing the BT contract or at the time of handing over the project, ensuring fairness for both parties.
Delegate Phan Duc Hieu, member of the National Assembly's Economic and Financial Committee, pointed out that many projects had been handed over 5-9 years ago but were only now being considered for land allocation. If the land price at the time of land allocation continues to be applied, businesses will suffer great losses.
Delegates proposed to include the regulation on the time of determining the land price for BT payment in the draft Resolution stipulating a number of policy mechanisms to remove difficulties and obstacles in organizing the implementation of the Land Law, which is being considered by the National Assembly , or if not, to include it in the draft amendment and supplement to Resolution 98/2023/QH15.
Delegate Nguyen Duy Thanh (Ca Mau) proposed to stipulate a transparent transition mechanism for contracts signed before the 2024 Land Law takes effect, to avoid disputes arising due to legal changes.
Previously, many economic experts also said that the policy on BT constantly changes the law, making it difficult for investors to know when land prices are calculated.
Land expert, Professor, Doctor of Science Dang Hung Vo emphasized that the principle of equal exchange in BT is only guaranteed when land price and obligations are determined at the same time.
In a document sent to the National Assembly Standing Committee to comment on the draft amendment and supplement to Resolution 98/2023/QH15, the Ho Chi Minh City Real Estate Association (HoREA) reflected that there are currently more than 160 BT projects nationwide that are "frozen" because the payment land price cannot be determined - even though the project was completed a long time ago.
HoREA cited the typical case of MHL Company in its petition to demonstrate the urgent need to amend BT regulations to unblock capital flows.
According to HoREA, this enterprise signed the BT contract in November 2016, then completed it and was audited by the State Audit. The project was handed over to the Ministry of National Defense in February 2018. However, the enterprise will not be handed over the land until 2025, but has not yet agreed on the land price.
Mr. Le Hoang Chau, Chairman of HoREA, said that it is necessary to supplement the regulation that the time for determining land price for the land area paid for BT contract is the time of signing the BT contract, or the time when the investor completes the handover of the entire BT project. Because if applying the regulation that the time for determining land price is the time when the State decides to allocate land or lease land, it will be disadvantageous for enterprises that are delayed in allocating land after many years of handing over BT projects to the State.
According to HoREA, thanks to Decree 91/2025/ND-CP of the Government regulating the time of determining land prices, the land fund for payment under BT contracts in the Thu Thiem new urban area (HCMC) has been resolved. However, other BT project investors outside the Thu Thiem new urban area have not had their difficulties and problems resolved in determining land prices for the land area for payment under BT contracts.
HoREA acknowledges that the above reality shows that the policy gap is causing a series of completed projects but the land payment fund cannot be resolved for many years. With 162 BT projects "frozen", land resources are locked, and businesses are in a situation where capital is buried for many years.
Source: https://www.sggp.org.vn/cap-thiet-go-vuong-cho-du-an-bt-post827028.html
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