The purpose of issuing a resolution on piloting the implementation of commercial housing projects is to remove difficulties and obstacles occurring in all localities across the country.
Minister of Natural Resources and Environment Do Duc Duy explained and clarified a number of issues raised by National Assembly deputies.
Continuing the 8th Session, on the morning of November 21, the National Assembly discussed in the hall the draft Resolution on piloting the implementation of commercial housing projects through agreements on receiving land use rights or having land use rights.
Increase land resources
Expressing support for the draft Resolution, delegate Trinh Xuan An (Dong Nai province) said that the draft Resolution has sufficient political , legal and practical bases such as the Submission and the Verification Report. The National Assembly's promulgation of this Resolution will be the basis for unlocking resources and increasing land resources for socio-economic development.
Regarding the scope of the pilot, delegate Trinh Xuan An agreed with the pilot implementation nationwide but "not on a mass, general basis."
National Assembly Delegate of Dong Nai province Trinh Xuan An speaks.
"According to the provisions of Article 3 or Article 4, it is definitely only applicable to urban areas. Therefore, there is no such thing as taking rice fields and agricultural land in a large scale and widespread manner to implement this resolution. To implement it nationwide, projects and criteria must meet the requirements of the resolution with specific conditions and terms," said delegate Trinh Xuan An.
Delegate Trinh Xuan An said that the draft Resolution received comments from the discussion group, separating Article 1 into the scope of regulation and applicable subjects; however, it is necessary to design a separate article on the rights and responsibilities of real estate business organizations. "When the Resolution is passed, there should also be principles for the real estate market to develop healthily, appropriately, and meet requirements, avoiding creating land fever or violating the law," said Delegate Trinh Xuan An.
Contributing his opinion at the Hall, delegate Pham Van Hoa (Dong Thap province) expressed his agreement with the nationwide scope of application. "If it is only applied in some provinces and cities, and not applied in other provinces, it will easily create a request-grant mechanism and cause questions...," delegate Pham Van Hoa explained.
Raising some core issues of the Resolution, delegate Pham Van Hoa emphasized the conditions for implementing commercial housing through land use rights agreements; the time of application of the Resolution.
Delegate Pham Van Hoa explained that in big cities like Hanoi, Ho Chi Minh City, Da Nang, Khanh Hoa..., apartment buildings have been built and people have moved in but are still stuck in legal procedures. People and businesses need the National Assembly and the Government to help them solve this problem.
"We do not legalize violations for businesses, the core issue is implementation, avoiding wasting social resources," said delegate Pham Van Hoa.
Immediately fix the "ask for give" mechanism
Explaining and clarifying a number of issues raised by National Assembly deputies, Minister of Natural Resources and Environment Do Duc Duy said the purpose of issuing the resolution is to supplement land access methods to implement commercial housing projects that the current Land Law does not allow.
Explaining the mechanism for transferring land use rights and the method of accessing land to implement commercial housing projects, Minister Do Duc Duy said that the 2014 Housing Law, which was issued and took effect from January 1, 2015, restricts two forms of accessing land (the form of self-negotiation with land users and the form of requesting to change the purpose of land use rights) to implement commercial housing projects. The 2024 Land Law inherits this provision of the 2014 Housing Law, and even has stricter regulations.
Minister of Natural Resources and Environment Do Duc Duy explained and clarified a number of issues raised by National Assembly deputies.
Thus, for commercial housing projects with land area under 20 hectares, according to the provisions of the 2024 Land Law, there will be no land access method because it is not subject to land acquisition by the State and is not subject to agreement on land use rights transfer or land use purpose change, if there is no residential land in the accumulated area.
"Therefore, the purpose of issuing this resolution is to remove difficulties and obstacles that occur in all localities across the country, especially small provinces, with small-scale real estate markets and not many urban area projects of 20 hectares or more. The remaining projects do not have a method of accessing land, so they cannot be implemented. Due to nationwide obstacles, it is necessary to implement them nationwide to ensure fairness and overcome the request-grant mechanism," the Minister of Natural Resources and Environment stated.
Regarding the issue of ensuring food security and protecting rice and forest land, Minister Do Duc Duy emphasized that this issue is strictly controlled right from the stage of establishing national land use planning to provincial land use planning as well as construction and urban planning.
The plans and projects have clearly identified the area of agricultural land converted to non-agricultural purposes to implement socio-economic development projects, including land areas to implement projects under this resolution as well as commercial housing development projects under the provisions of the 2024 Land Law.
"Thus, whether implemented according to the Land Law or the pilot mechanism of this Resolution, all of those projects must comply with the planning. These planning must ensure the stability of 3.5 million hectares of rice land and ensure forest cover," the Minister of Natural Resources and Environment emphasized./.
According to VNA
Source: https://baobinhduong.vn/khac-phuc-co-che-xin-cho-trong-thuc-hien-du-an-nha-o-thuong-mai-a336014.html
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