The Vietnam Confederation of Commerce and Industry (VCCI) has submitted a written comment on the application to develop a Resolution to pilot commercial housing projects through discussions on receiving land use rights. or have land use rights for other land (hereinafter referred to as the Draft).
According to VCCI, 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 big and important recommendations of businesses. Enterprises in the process of drafting the Land Law 2024. The Land Law 2024 only stops at the regulation that businesses can only accept the transfer of "residential land", businesses that have "residential land or residential land and other land" are allowed. Implement commercial housing construction investment projects.
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. This is a very necessary regulation, meeting practical needs, overcoming current problems and removing problems of many current projects.
Regarding the subjects of application: The Draft Proposal is identifying 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. “Land users” as prescribed in Article 4 of the 2024 Land Law already covers “enterprises with real estate business functions”, so it is not necessary to stipulate “enterprises with real estate business functions”. product” on the subject of application.
Regarding transferred land: Clause 2, Article 127 of the Land Law 2024 stipulates that in the land area to be transferred there is "an area of land managed by a State agency or organization that cannot be divided into a project." Independently, the land area managed by State agencies and organizations is included in the total land area for project planning and is recovered by the State to allocate or lease to investors to implement projects without having to approve the project. through auction of land use rights, not bidding to select investors to implement projects using land.
The Draft Resolution provides a mechanism for receiving transfer of "other land" to build commercial housing similar to the mechanism for receiving residential land use rights specified in Point b, Clause 1, Article 127 of the Land Law 2024, to facilitate To benefit the implementation process, it is recommended to consider adding a land recovery mechanism similar to the provisions in Clause 2, Article 127 of the Land Law 2024 above.
Regarding the area of implementation: 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.
TM
