VCCI proposed unifying criteria for selecting pilot projects using "other land"
VCCI is concerned about asking and giving when determining a pilot investment project to implement a commercial housing project through agreements on receiving land use rights or having land use rights on other land.
The Vietnam Confederation of Commerce and Industry (VCCI) has just sent the Ministry of Natural Resources and Environment comments on the application to develop a Resolution to pilot the implementation of commercial housing projects through discussions on receiving use rights. land use rights or have land use rights over other land.
VCCI completely agrees and highly agrees with the development of a pilot Resolution allowing businesses to receive transfer of "other land" use rights, allowing businesses that have "other land" to carry out commercial housing projects. commercial.
It must be reiterated that allowing businesses to transfer the right to use "other land" and allowing businesses that have "other land" to carry out commercial housing projects is one of the major and important recommendations. of businesses in the process of drafting the Land Law 2024.
However, the Land Law 2024 only stops at the regulation that businesses can only receive transfers of "residential land", businesses that have "residential land or residential land and other land" are allowed to carry out housing construction investment projects. in commerce.
"This is a very necessary regulation, meeting practical needs, overcoming current problems and removing problems of many current projects," VCCI clarified the reason for agreeing with the development of the Resolution. pilot decision, in a document sent to the Ministry of Natural Resources and Environment.
However, VCCI also has some opinions different from the Draft currently being consulted.
Specifically, regarding the subjects of application, the Draft Proposal identifies the subjects of application as "enterprises with real estate business functions according to the provisions of law on real estate business; land users according to the provisions of the Land Law.
VCCI's view is that it is not necessary to specify "enterprises with real estate business functions" as the applicable subjects. The reason is that the concept of "land user" as prescribed in Article 4 of the Land Law 2024 covers "enterprises with real estate business functions".
Regarding transferred land, VCCI proposed adding a land recovery mechanism, in addition to the mechanism for receiving transfer of "other land" to build commercial housing that the Draft Resolution is regulating.
According to VCCI's analysis, the addition of the land recovery mechanism will facilitate the implementation process, similar to Clause 2, Article 127 of the Land Law 2024. Accordingly, in the case of land transfer, there are "If the land area is managed by a State agency or organization but cannot be divided into an independent project, the land area managed by a State agency or organization shall be included in the total land area for project formulation. and is recovered by the State to allocate or lease to investors to implement projects not through auction of land use rights, not through bidding to select investors to implement projects using land.
Regarding the area to be implemented, the Draft is proposing that localities will issue criteria on location, investment capital and other criteria consistent with local reality to select projects in the area. pilot allowed.
“This proposal may create concerns about the ask-give mechanism when determining investment projects to apply the pilot mechanism. To limit this situation, it is recommended to consider stipulating general criteria right in the Resolution, localities will rely on these criteria to identify suitable projects," VCCI proposed.
The Ministry of Natural Resources and Environment is proposing to develop a National Assembly Resolution on piloting the implementation of commercial housing projects through agreements on receiving land use rights or having land use rights that are not land. landscape.
It is expected that the pilot period is 5 years, starting from January 1, 1. Prioritize pilot implementation in urban areas and approved urban development planning areas.
The pilot implementation of commercial housing projects through agreements on receiving land use rights or having land use rights that are not residential land must not exceed 30% of the project quantity and 20% of the total area. Analyze the need to develop housing projects approved by the housing development program and plan until 2030
