Ready to listen and accompany businesses in the development process

BAC NINH - On the afternoon of September 15, Comrade Pham Van Thinh, Member of the Provincial Party Standing Committee, Vice Chairman of the Provincial People's Committee, Head of the National Assembly Delegation of Bac Ninh province chaired a conference to dialogue and resolve difficulties and obstacles with the business community in the province. Also attending were representatives of leaders of departments and branches of the province.

At the conference, many businesses reported difficulties and problems in procedures for transferring land use rights in urban and residential projects. Specifically, when carrying out procedures to notify that land is eligible for transfer, the state management agency requires that the land must be released from mortgage before the notification can be issued.

Conference scene.

However, according to the Law on Real Estate Business, Article 31 stipulates 8 specific clauses on conditions for land with technical infrastructure in real estate projects that are allowed to transfer land use rights to individuals who build their own houses, in which there are no provisions on the conditions for land to ensure mortgage release. Decree 96/2024/ND-CP of the Government detailing a number of articles of the Law on Real Estate Business has detailed provisions such as: Procedures for notifying products of commercial housing projects that are eligible for sale, lease-purchase, and transfer to individuals who build their own houses, in which distinguishing between products that are residential land with infrastructure (Article 9) and future housing (Article 8), in these specific provisions, mortgage release conditions only apply to future housing, not to land with technical infrastructure.

Comrade Nguyen Cuong, Vice Chairman of the Provincial Business Association spoke at the conference.

The above request of the state management agency has unintentionally created additional administrative procedures and conditions, causing difficulties for investors. It is recommended that the Provincial People's Committee direct specialized agencies to review and unify the correct application of the provisions in Article 31 of the Law on Real Estate Business and Articles 8 and 9 of Decree 96/2024/ND-CP so that investors do not have to release mortgages on land with infrastructure in real estate projects transferred to people to build their own houses.

Business representatives give their opinions.

Regarding this content, the Department of Construction said that it will study the direction of creating favorable conditions for businesses in the process of project implementation, while still ensuring compliance with legal regulations, protecting legitimate rights and limiting risks for investors. The solution is to accept and allow the transfer of parts of the project. However, the representative of the Department of Construction also stated that in reality, there have been a number of projects that transferred land to customers many years ago but have not yet released the mortgage. This leads to people not being granted land use right certificates due to disputes between investors and credit institutions. This is a legal risk that needs to be carefully considered in the process of completing the transfer procedures.

In addition, some delegates raised difficulties in accepting technical infrastructure works to meet the conditions for land with technical infrastructure in real estate projects that can transfer land use rights to individuals to build their own houses; on connecting technical infrastructure for residential and urban area projects; regulations on the progress of individuals building their own houses in land areas with technical infrastructure in real estate projects; specific regulations on accepting each part of the project; the issue of selling low-voltage electricity to secondary investors in industrial clusters; compensation for site clearance in urban and residential areas; procedures for investing in renewable energy...

Representatives of the Department of Construction discussed some contents.

Concluding the conference, comrade Pham Van Thinh highly appreciated the frankness of businesses in reflecting on difficulties, helping the province grasp the reality to promptly direct and accompany the business community in development.

Regarding the issue of infrastructure connection, he requested the Provincial Real Estate Association to synthesize and report in detail the projects facing difficulties so that the province can handle them on a case-by-case basis. He also noted that when implementing urban and residential areas, investors need to fully implement clean water supply agreements; if any unit is found to be deliberately causing difficulties, it should be reported immediately so that the province can take corrective measures.

Regarding the transfer procedures and mortgage release requirements, he affirmed that this is an issue that needs to be strictly bound by legal regulations. It is impossible for the investor to sell the property to the bank and to the customer at the same time. Violations in mortgage are violations of the credit contract and need to be strictly controlled. In case the bank guarantees payment for the contract, there is no need to release the mortgage.

Comrade Pham Van Thinh concluded the working session.

With the proposal to direct the People's Committees of communes and wards to proactively review the compensation and site clearance work in the locality; promptly coordinate with investors to thoroughly resolve "hot spots", if there are any difficulties, it is necessary to promptly report to the Provincial People's Committee and relevant departments and branches to find solutions; assign specific responsibilities to the commune and ward authorities for delaying the compensation and site clearance work, the comrade accepted, the province will soon have a conference to discuss in-depth solutions on site clearance.

Regarding the sale of low-voltage electricity in industrial clusters, he requested the provincial Electricity Department to issue specific guidance documents for businesses immediately after the conference. Particularly in the field of renewable energy, the province has sent documents to businesses, encouraging investment in accordance with production capacity, ensuring a stable power source to serve economic development.

He emphasized that although some legal regulations are currently overlapping, causing difficulties in project implementation, businesses still need to strictly comply with current regulations. The province always hopes to receive frank feedback and comments from the business community to promptly adjust and perfect policies and mechanisms. Provincial leaders affirmed their willingness to listen and accompany businesses in the development process.

The province has determined that in order to effectively carry out tasks related to security and order, and socio-economic development, businesses must develop sustainably. Therefore, problems need to be resolved promptly, and administrative procedures must be streamlined and transparent. Departments and branches, in the process of performing their tasks, need to closely follow reality, proactively support businesses, actively find solutions and share difficulties. For problems beyond their authority, they need to report to the province for coordination in handling, with the spirit of "every difficulty of businesses must have a solution".

News and photos: Trinh Lan

Source: https://baobacninhtv.vn/san-sang-lang-nghe-dong-hanh-cung-doanh-nghiep-trong-qua-trinh-phat-trien-postid426498.bbg