The Government responded to the comments of the Standing Committee of the Economic Committee on the draft resolution on piloting the expansion of land for commercial housing.
Expanding land for commercial housing: Businesses collect land, people do not suffer losses
Goverment Respond to comments from the Standing Committee Economy on the draft resolution on piloting land expansion for commercial housing.
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In practice, to implement a commercial housing project under the mechanism of agreement to receive land use rights transfer, enterprises can have activities to buy land in advance. However, the people who own land will not be disadvantaged because the transfer of land use rights is a civil agreement according to the market mechanism.
The above argument is stated in the report on receiving and explaining the opinions of the Standing Committee's Conclusion. Congress and the review opinion of the National Assembly's Economic Committee on the draft Resolution of the National Assembly on piloting the implementation of commercial housing projects through agreements on receiving land use rights or having land use rights, the Government has just sent to the National Assembly.
The State cannot prohibit or restrict land acquisition.
Signing this report on behalf of the Government, the Minister Ministry of Natural Resources and Environment Do Duc Duy responded to many concerns and worries from the Standing Committee of the inspection agency, including the need to develop a resolution.
In the preliminary review report, the Standing Committee of the Economic Committee requested the Government to conduct a detailed and comprehensive assessment of the practical situation of commercial housing development, and to evaluate the effectiveness of land use for commercial housing development in provinces and centrally run cities (whether all land has been used up or not, and whether it is suitable for the actual demand for commercial housing in the locality or not).
Minister Duy said that the Government has reported on the assessment of the practical situation of commercial housing development; clarified specific data and projects that were still stuck before the 2014 Housing Law took effect (before July 1, 7) and projects that have been stuck since the 2015 Housing Law took effect until now in localities, and clarified solutions to overcome negative impacts (if any) of the pilot implementation.
In addition, according to the Minister, the development of commercial housing projects must be based on land use planning, construction planning, urban planning, approved housing development programs and plans, so the land fund reserved for housing development is larger than the actual implementation capacity of investment projects. The commercial housing project is piloted within the area of the above planning, so it always ensures that it is suitable for the actual demand for commercial housing in the locality because during the planning process, the competent state agency has calculated and determined the land use indicators in accordance with the actual demand during the planning period.
In addition, the pilot implementation is to remove difficulties and obstacles in accessing land for investors because currently, according to the provisions of Clause 27, Article 79 and Article 127 of the Land Law, urban area projects with a scale of 20 hectares or more can only be implemented, while commercial housing projects with a smaller scale cannot be implemented due to regulations on land types - the Minister explained.
Responding to the request to assess the current situation of land acquisition and speculation; solutions to limit the negative impacts of the pilot by the Standing Committee of the Appraisal Committee, Minister Duy stated that land acquisition is carried out through civil transactions on land use rights such as receiving legal land use rights transfers, so it is very difficult to identify and control these transactions and it is difficult to know which transactions are land acquisition for speculation.
In practice, to implement a commercial housing project under the mechanism of agreement to receive land use rights transfer, enterprises may have the behavior of buying land in advance. However, the people with land are not disadvantaged because the transfer of land use rights is a civil agreement according to the market mechanism.
Therefore, the State cannot prohibit or restrict these transactions – Mr. Duy explained.
TAvoid new projects that are not effective.
In the preliminary review report, the Standing Committee of the Economic Committee also proposed comparing the correlation between the status of abandoned housing projects and the ability to access housing for the real housing needs of the people to avoid the emergence of new projects that are ineffective, do not properly address the real housing needs of the people (concentrated in the high-end segment or located in areas with little demand from the people) and cause waste of land.
The Government responded that the implementation of the pilot mechanism in this Resolution is to remove difficulties and obstacles in accessing land for investors implementing commercial housing projects that are not subject to land acquisition by the State.
Regarding the current situation of some abandoned commercial housing projects, the report stated many reasons such as: The project location is far from the urban center, taking a long time to travel; the technical infrastructure system and social infrastructure have not been invested synchronously, lacking many convenient services; the product segment and selling price are not suitable for the accessibility and affordability of the majority of people with real needs; the project's legal documents are incomplete; the project investor has limited capacity, lacks investment capital to complete the project according to the plan...
Minister Duy said that the contents related to housing needs and people's ability to access housing have been calculated and balanced in the process of organizing and approving land use planning, construction planning, urban planning, housing development programs and plans.
The problem is that it is necessary to do a good job of organizing the implementation, accordingly, the competent authorities approving the investment policy, investors developing commercial housing projects need to strictly comply with land use planning, construction planning, urban planning, housing development programs and plans, and at the same time must choose the investment scale, investment progress, product segment, product selling price suitable to the accessibility and affordability of the majority of people with real needs.
In fact, for projects implementing the pilot mechanism, project investors have to spend a huge initial cost to obtain land use rights, so they will have to choose a suitable and feasible investment plan to ensure expected investment efficiency - the report stated.
Sources: https://baodautu.vn/batdongsan/mo-rong-dat-cho-nha-o-thuong-mai-doanh-nghiep-gom-dat-nguoi-dan-cung-khong-bi-thiet-d229603.html
