No regulations on refunding money to investors with land in social housing projects

The Draft Resolution does not stipulate the State policy of refunding money to investors who have land use rights or agreements to receive land use rights transfer or advance compensation, support and resettlement costs; instead, it allows investors to include these costs in the project investment costs.

National Assembly Chairman Tran Thanh Man gave his opinion at the meeting.

Late on the afternoon of May 27, under the chairmanship of National Assembly Chairman Tran Thanh Man, the National Assembly Standing Committee gave opinions on the draft Resolution of the National Assembly to pilot a number of specific mechanisms and policies for social housing development.

Presenting a summary report on the explanation, acceptance and revision of the draft Resolution, Minister of Construction Tran Hong Minh said that, taking into account the opinions of National Assembly deputies, the Government has proactively reviewed the difficulties and shortcomings in the process of implementing policies on social housing development and reported to the Politburo on the policy of issuing a pilot Resolution on a number of specific mechanisms and policies for social housing development. In particular, focusing on 6 groups of policies to promote and develop social housing; at the same time, the Government reviewed and supplemented 3 groups of policies to remove difficulties and obstacles in practice.

Notably, regarding the content that the Delegate is interested in, the draft Resolution has been revised, not stipulating the State policy of refunding money to investors who have the right to use land or agree to receive the transfer of land use rights or advance compensation, support and resettlement costs. Instead, it allows investors to include these costs in the investment costs of the project.

“The Government also accepts the opinions of National Assembly deputies and will continue to review difficulties and limitations in social housing development to perfect the Housing Law 2023 in the coming time,” Minister Tran Hong Minh affirmed.

Further clarifying the reception, explanation, and revision of the draft Resolution, Chairman of the Law and Justice Committee Hoang Thanh Tung said that in the case where the investor has the right to use land due to an agreement to receive the transfer of land use rights, the calculated cost shall not exceed the amount determined according to the land price list of the land type, form of use, and term of use that the State allocates or leases land of the type of land that the investor has received the transfer of land use rights at the time of receipt.

Minister of Construction Tran Hong Minh

In case the investor has the right to use land, the amount calculated corresponds to the land use fee and land rent that the State allocates or leases land, determined according to the land price list for the land type, land use form, and land use term of the land type before changing the land use purpose at the time of permission to change the land use purpose to residential land.

Commenting at the meeting, National Assembly Chairman Tran Thanh Man pointed out the fact that social housing projects are slow to be implemented due to the time it takes to process administrative and legal procedures. The National Assembly Chairman suggested that the draft Resolution should stipulate that "the time for granting licenses for social housing projects is prescribed by the Government" with administrative procedures being further simplified.

The National Assembly Chairman also suggested that, along with shortening the implementation time of social housing projects, attention should be paid to ensuring the quality of construction and fire prevention and fighting at these projects. It is necessary to clarify solutions to control and ensure the quality of social housing projects, and supplement mechanisms to inspect, evaluate, and test the quality of construction projects after project completion, to avoid social housing not meeting the requirements as prescribed.

Vice Chairman of the National Assembly Nguyen Khac Dinh concluded the discussion.

Concluding the discussion, Vice Chairman of the National Assembly Nguyen Khac Dinh stated that the National Assembly Standing Committee basically agreed with the Government's proposal on the expected content of receiving, revising and perfecting the draft Resolution, in which, it agreed on the content of revising Articles 8, 9, 19, 11 of the draft Resolution in the direction of not regulating the State policy of refunding money to investors with land use rights or agreements to receive land use rights transfer or advance compensation, support and resettlement costs; at the same time, revising the draft Resolution in the direction of allowing investors to include these costs in the project investment costs.

Regarding the operating model, capital sources, and tasks of the National Housing Fund, the National Assembly Standing Committee agreed to stipulate as in the draft resolution that this is a non-budgetary State financial fund established at the central and local levels with the main task of focusing on forming a housing fund for rent.

Along with that, the National Assembly Standing Committee agreed to clearly define the types of projects and types of housing that are subject to the mechanism of assigning investors and approving investment policies, and at the same time assigning investors without bidding, clarifying the priority criteria for assigning investors to only apply in cases where there are 2 or more investors registered as investors; supplementing the Government's responsibility in regulating the prevention of corruption, negativity, waste, and policy profiteering, ensuring construction quality, balancing capital allocation, and guiding localities to allocate capital to develop social housing according to the provisions of the resolution.

MR. PHUONG

Source: https://www.sggp.org.vn/khong-quy-dinh-hoan-tra-tien-cho-chu-dau-tu-co-dat-trong-du-an-nha-o-xa-hoi-post797079.html