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National Assembly deputies still wonder about the regulation that only 1 square meter of residential land can be used to build commercial housing.

VTC NewsVTC News15/01/2024


On the morning of January 15, at the opening session of the fifth extraordinary session, the National Assembly discussed the draft Land Law (amended).

One of the contents that delegates discussed a lot was the regulation that commercial housing projects can only be implemented if it is residential land or residential land and other land (not residential land, including agricultural land and non-agricultural land).

Delegate Pham Van Hoa ( Dong Thap ) said that the above regulation is inappropriate. “ How much is residential land and other land? People who have 1 square meter of residential land while the non-residential land is many hectares can still do projects, while other cases are not allowed? ”, he questioned.

This delegate suggested that in cases where land use rights are currently in place, the purpose of use should be changed to commercial housing combined with production and business, and the State should collect taxes.

Many delegates are concerned about the regulation that one must have residential land to build commercial housing. (Illustration photo)

Many delegates are concerned about the regulation that one must have residential land to build commercial housing. (Illustration photo)

Also referring to land for commercial housing projects, delegate Ha Sy Dong ( Quang Tri delegation) maintained the view he stated at the 6th Session, that amending the Land Law needs to pave the way for housing supply.

Therefore, according to him, the regulation that wants to change the land use purpose to carry out a commercial housing project, one must have the right to use residential land or residential land and other land, sets a "very confusing" restriction that there must be one square meter of residential land in the project area to be able to do it, otherwise it cannot be done if there is no square meter.

The distinction between these two cases is unnecessary and does not bring any public benefit. Therefore, this regulation should be removed to pave the way for housing supply, reduce housing prices and help people have better opportunities to own housing ,” delegate Dong suggested.

How to value land?

One of the issues that many delegates are also interested in is land valuation methods.

Delegate Nguyen Hoang Bao Tran (Binh Duong) expressed her opinion on land valuation methods, such as the surplus method. She recommended that the surplus method of land valuation should not be regulated and should be abolished.

According to Ms. Tran, the land valuation results when applying this method are estimated assumptions, so the reliability is not high. The value of the land plot has the potential to increase over time, but determining the value always increases is unreasonable, especially in cases where the value of the land plot may decrease due to economic difficulties.

In addition, the calculation of the assumed factor is complicated, inaccurate and has a large margin of error. Changing just one indicator changes the valuation result, and each person's understanding is different. In practice, the application is still difficult and confusing, and the factors forming the valuation are still general.

" The application of the surplus method on the basis of project explanation is very sketchy and lacks explanatory data, so it is necessary to consider the feasibility, not causing implementation bottlenecks. If this method is still implemented, there needs to be a control valve for land valuation ," the delegate said.

Regarding this issue, Chairman of the National Assembly's Economic Committee Vu Hong Thanh said that the draft Law clearly stipulates the content of land valuation methods based on a summary and assessment of practical implementation of land law, in which, the draft Law specifically stipulates land valuation methods including: Comparison, surplus, income, land price adjustment coefficient; integrating the deduction method into the comparison method.

At the same time, the draft stipulates the cases and conditions applicable to each land valuation method, and supplements the basic conditions applicable to each land valuation method as a basis for implementation.

Chau Anh



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