Decree 75/2025/ND-CP detail Resolution 171/2024/QH15 on pilot implementation of commercial housing projects through negotiation on acquisition of land use rights

DECREE

Detailing the implementation of the National Assembly’s Resolution No. 171/2024/QH15 dated November 30, 2024, on pilot implementation of commercial housing projects through negotiation on acquisition of land use rights or in case of currently having land use rights

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Pursuant to the Law on Organization of the Government dated February 18, 2025;

Pursuant to the Land Law dated January 18, 2025; the Law Amending and Supplementing a Number of Articles of the Land Law No. 31/2024/QH15, Housing Law No. 27/2023/QH15, Law on Real Estate Business No. 29/2023/QH15 and Law on Credit Institutions No. 32/2024/QH15 dated June 26, 2024;

Pursuant to the National Assembly’s Resolution No. 171/2024/QH15 dated November 30, 2024, on pilot implementation of commercial housing projects through negotiation on acquisition of land use rights or in case of currently having land use rights;

At the proposal of Minister of Agriculture and Environment;

The Government hereby promulgates the Decree detailing the implementation of the National Assembly’s Resolution No. 171/2024/QH15 dated November 30, 2024, on pilot implementation of commercial housing projects through negotiation on acquisition of land use rights or in case of currently having land use rights.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details the implementation of Clause 1 Article 1, Clauses 2 and 3 Article 3, Clauses 2 and 3 Article 4 and Article 5 of the National Assembly’s Resolution No. 171/2024/QH15 dated November 30, 2024, on pilot implementation of commercial housing projects through negotiation on acquisition of land use rights or in case of currently having land use rights (hereinafter referred to as Resolution No. 171/2024/QH15).

Article 2. Subjects of application

1. This Decree applies to:

a) State agencies;

b) Real estate business organizations defined in the law on real estate business;

c) Land users defined in the Land Law.

2. Real estate business organizations specified at Point b Clause 1 of this Article shall exercise the rights and perform the obligations under Clause 2 Article 2 of Resolution No. 171/2024/QH15.

Article 3. Interpretation of terms

1. The land lot where a project is to be implemented means the land area with specific location, delimited boundary based on the land use planning map or construction planning map, urban planning, including one or more land parcels, one or more land parcels and a part of land parcels, or a part of multiple land parcels.

2. Real estate business organizations having the right to use land as specified at Points b, c, and d Clause 1 Article 1 of Resolution No. 171/2024/QH15 include:

a) Organizations currently using land and having been issued with the land use right certificates, certificates of ownership of houses and residential land use rights, certificates of ownership of houses, certificates of ownership of construction works, certificates of land use rights and ownership of houses and other land-attached assets, certificates of land use rights and ownership of land-attached assets (hereinafter referred to as certificates);

b) Organizations currently that are using land stably due to land allocation or land lease by the State but have not yet been issued the certificate;

c) Organizations that are using land due to receiving the right to use land, purchasing assets, or receiving capital contribution with land-attached assets from land users eligible to transfer the land use right, selling assets, or contributing capital with land-attached assets in accordance with the law but have not yet been issued the certificate.

Chapter II

DETAILED PROVISIONS ON PILOT PROJECT IMPLEMENTATION

Article 4. Preparation, approval, and announcement of the list of land lots scheduled for implementing pilot projects

1. The provincial-level agency with land management function shall announce the registration of demand for pilot project implementation in accordance with Resolution No. 171/2024/QH15, clearly specifying the registration deadline and registration contents according to Form No. 01 in the Appendix to this Decree. The announcement shall be posted on the portal and website of the provincial-level People's Committee and the provincial-level agency with land management function.

2. Organizations wishing to implement pilot projects shall submit one set of dossiers to the provincial-level agency with land management function. Such a dossier must comprise:

a) A registration, made according to Form No. 02 in the Appendix to this Decree;

b) A copy of one of the documents proving the land use right as specified in Clause 2 Article 3 of this Decree, for the case of having the land use right;

c) An extract of the map or diagram of the location of the land lot proposed for pilot project implementation.

3. The dossier submission specified in Clause 2 of this Article shall be carried out in one of the following methods:

a) Submitting directly to the Single Window Section in accordance with the regulations of the provincial-level People's Committee on the receipt of dossiers and return of administrative procedure settlement results at the provincial level;

b) Submitting through the public postal service;

c) Submitting on the National Public Service Portal or the provincial-level Public Service Portal or the provincial-level administrative procedure settlement information system.

4. For projects prioritized for implementation by the Ministry of National Defence and the Ministry of Public Security as specified in Clause 3 Article 4 of Resolution No. 171/2024/QH15, the Ministry of National Defence and the Ministry of Public Security shall:

a) Review and prepare a list of land lots scheduled for implementing pilot projects;

b) Select real estate business organizations to implement pilot projects;

c) Send the list of land lots scheduled for implementing pilot projects and the selected real estate business organizations to the provincial-level People's Committee for directing the provincial-level agency with land management function to compile and include them in the list of land lots scheduled for implementing pilot projects.

5. Within 15 days from the end of the registration deadline specified in Clause 1 of this Article, the provincial-level agency with land management function shall, based on the provisions of Points a and b of Clause 1 Article 3 Clause 1 Article 4 of Resolution No. 171/2024/QH15 and Clause 6 of this Article, review and evaluate the conditions and criteria of the land lots proposed for pilot project implementation; prepare the list of land lots scheduled for implementing pilot projects for submission to the provincial-level People’s Committee.

In case multiple organizations propose to implement pilot projects on the same land lot, priority shall be given to the organization having the right to use land. In case multiple organizations eligible for land use right transfer agreements propose to implement pilot projects on the same land lot, priority shall be given to the organization that submits the dossier first.

6. In case, after compilation as specified in Clause 5 of this Article, the total residential land area registered for pilot project implementation exceeds 30% as specified at Point b Clause 1 Article 4 of Resolution No. 171/2024/QH15, the land lots for pilot project implementation shall be selected in the following order of priority:

a) Projects by real estate business organizations that obtain investment policy approval or have documents from competent state agencies permitting project implementation under the case of receiving land use rights or having land use rights before the effective date of Resolution No. 171/2024/QH15;

b) Projects prioritized for implementation by the Ministry of National Defence and the Ministry of Public Security;

c) Projects implemented on the land area of production and business establishments that must be relocated due to environmental pollution or establishments that must be relocated according to construction planning or urban planning;

d) Projects proposed by organizations currently having the land use right;

dd) Projects proposed by organizations receiving land use right.

7. In case of selecting pilot projects with the same priority order as specified in Clause 6 of this Article, priority shall be given to projects aimed at urban renovation and embellishment. In case, after considering the criteria of projects aimed at urban renovation and embellishment, the total residential land area registered for pilot project implementation still exceeds 30% as specified at Point b Clause 1 Article 4 of Resolution No. 171/2024/QH15, priority shall be given to the project of the organization that submits the dossier first.

8. The dossier submitted for the issuance of the list of land lots scheduled for implementing pilot projects must comprise:

a) A written proposal of the provincial-level agency with land management function on the issuance of the list of land lots scheduled for implementing pilot projects;

b) A draft proposal of the provincial-level People's Committee to the provincial-level People's Council for issuing the list of land lots scheduled for implementing pilot projects;

c) A draft resolution of the provincial-level People's Council issued together with the list of land lots scheduled for implementing pilot projects, including the following main contents:

Name and address of the organization registering for project implementation;

Total area and location of the land lot where a project is to be implemented (enclosed with a diagram of the location and boundary shown on the district-level land use planning map or construction planning map or urban planning map), specifying the area of land categories of the pilot project that must be changed in land use purpose, including the area of paddy land, special-use forest land, protection forest land, and production forest land;

Expected total investment;

Project implementation duration and schedule;

Other relevant contents (if any);

d) Consolidated report, which contains the following: compilation of proposals for land lots scheduled for implementing pilot projects; analysis and proposal on the order of priority as specified in Clauses 6 and 7 of this Article;

dd) Draft document of the provincial-level People's Committee seeking opinions from the Ministry of National Defence for defense land, and the Ministry of Public Security for security land, in case of using defense land or security land that has been planned to be removed from defense land or security land for pilot project implementation, and that project is not organized for implementation by the Ministry of National Defence or the Ministry of Public Security;

e) Draft notice of the provincial-level People's Committee on approving real estate business organizations to implement pilot projects;

g) List of cases where proposals of real estate business organizations are not selected for inclusion in the list and reasons for non-inclusion.

9. For the case specified at Point dd Clause 8 of this Article, the provincial-level People's Committee shall be responsible for seeking opinions from the Ministry of National Defence and the Ministry of Public Security before submitting to the People's Council of the same level for approval of the Resolution issuing the List of land lots scheduled for implementing pilot projects.

10. The provincial-level People's Committee shall submit to the People's Council at the same level for approval of the Resolution issuing the List of land lots scheduled for implementing pilot projects in accordance with Clause 2 Article 4 of Resolution No. 171/2024/QH15. The dossier includes the written proposal and the documents specified at Point c and Point d Clause 8, Clause 9 of this Article.

11. The provincial-level People's Council shall consider and approve the list of land lots scheduled for implementing pilot projects concurrently with the approval of the list of works and projects subject to land recovery. In case the provincial-level People's Council has approved the list of works and projects subject to land recovery in accordance with Clause 5 Article 72 of the Land Law not concurrently with the time of approving the list of land lots scheduled for implementing pilot projects, the provincial-level People's Committee shall submit the list of land lots scheduled for implementing pilot projects to the People's Council at the same level for consideration and approval; specifying the area of land categories of the pilot project that must be changed in land use purpose, including the area of paddy land, special-use forest land, protection forest land, and production forest land.

12. After the provincial-level People's Council approves the list of land lots scheduled for implementing pilot projects, the provincial-level People's Committee shall carry out the following tasks:

a) Announcing the list of land lots scheduled for implementing pilot projects on the provincial-level People's Committee’s portal, and publicly post it on the website or portal of the provincial-level agency with land management function. The announcement shall be made within 3 working days from the date the provincial-level People's Council signs and issues it;

b) Issuing a notice on approving real estate business organizations to implement pilot projects according to Form No. 03 in the Appendix to this Decree, and direct the provincial-level agency with land management function to notify cases where projects do not meet the requirements for inclusion in the list of land lots scheduled for implementing pilot projects. The notification shall be carried out within 5 working days from the date of announcing the list of land lots scheduled for implementing pilot projects.

13. After the provincial-level People's Council approves the list of land lots scheduled for implementing pilot projects, if there are still real estate business organizations proposing land lots that meet the regulations in Clause 1 Article 4 of Resolution No. 171/2024/QH15, the provincial-level agency with land management function shall continue to follow this Article to propose supplementing the list of land lots scheduled for implementing pilot projects.

Article 5. Pilot project implementation by real estate business organizations selected by the Ministry of National Defence and the Ministry of Public Security

After the provincial-level People's Committee announces the list of land lots scheduled for implementing pilot projects, real estate business organizations selected by the Ministry of National Defence and the Ministry of Public Security to implement pilot projects shall be responsible for preparing pilot projects in accordance with the law on investment, housing, real estate business, and relevant laws to submit to competent authorities for approval of investment policies and concurrent approval of investors to implement projects in accordance with Point d Clause 4 Article 29, and Articles 30, 31, and 32 of the Law on Investment.

Article 6. Implementation of land use right transfer agreements

1. After having the notice of approval for organizations to implement pilot projects, real estate business organizations shall enter into land use right transfer agreements with land users in accordance with the civil law and the land law. The handling of cases where the pilot project implementation land area includes land under the management of state agencies or organizations shall be carried out in accordance with Article 59 of Decree No. 102/2024/ND-CP.

2. The settlement of cases where investors fail to reach agreements with land users shall be carried out in accordance with Points a and b Clause 2 and Point a Clause 3 Article 61 of Decree No. 102/2024/ND-CP.

3. The implementation of policies to encourage land use right transfer agreements for pilot project implementation shall be carried out in accordance with Article 62 of Decree No. 102/2024/ND-CP.

4. Real estate business organizations are allowed to register changes and obtain certificates for the transferred land category in accordance with the law or after completing the transfer of the land use right for the entire project and concurrently carry out procedures for changing land use purposes in accordance with the land law.

Article 7. Carrying out investment, construction procedures and relevant procedures for pilot project implementation

1. Real estate business organizations currently having the right to use land or established in accordance with Point d Clause 1 Article 1 of Resolution No. 171/2024/QH15, or after completing the land use right transfer agreement and the agreed land area meets the conditions for pilot project implementation as prescribed, shall carry out procedures for approval of investment policies and concurrent approval of investors to implement pilot projects in accordance with Point d Clause 4 Article 29, and Articles 30, 31, and 32 of the Law on Investment.

2. After having investment policies approved and obtaining investor approval, real estate business organizations shall carry out other procedures for pilot project implementation in accordance with the law on investment, construction, housing, real estate business, land, and other relevant laws.

3. Projects of real estate business organizations that have investment policies approved and obtain investor approval or have documents from competent state agencies related to investment, construction, planning, and other procedures on permitting pilot project implementation under the case of receiving land use rights or having land use rights before the effective date of Resolution No. 171/2024/QH15 which do not specify a time limit or specify a time limit but are still valid, shall not be required to re-carry out the procedures or re-issue the documents already obtained.

In case the project has the investment policy approved but the investors have not yet been approved, at the step of approving investment policies concurrently with approving investors specified in Article 5 of this Decree and Clause 1 of this Article, the competent agency shall only have to carry out the approval of investors.

Article 8. Carrying out land procedures for pilot project implementation

1. After the pilot project is approved for investment policies, the procedures for land recovery, land allocation, land lease, change of land use purpose, signing of land lease contracts, land registration, and issuance of land use right certificates shall be carried out in accordance with the applicable land law, in which:

a) In case the right to use land belongs to the real estate business organization of which the investment policies are approved concurrently with the approval of investors, procedures for changing land use purposes shall be carried out for the land area subject to change of land use purpose;

b) In case the organization currently using land has a capital contribution, joint venture, or association contract to establish a project enterprise but the land use right is not transferred, the land shall be returned to the State for the State to recover the land and allocate or lease the land to the enterprise established to implement the project. The organization currently using land shall not be compensated for assets on land when the State recovers the land. In case the transfer of land use rights is permitted, procedures for registration of land changes to the enterprise established to implement the project shall be carried out;

c) In case the project of the real estate business organization is established by organizations currently using land to implement commercial housing projects before the effective date of this Decree, or to implement pilot projects in accordance with this Decree on the area of production and business establishments that must be relocated due to environmental pollution, or of establishments that must be relocated according to construction planning or urban planning, and the certificate has not yet been issued for the land for project implementation, the organization subject to relocation shall return the land to the State for the State to recover and allocate or lease the land to the real estate business organization established by the organization subject to relocation to implement the project.

In case the organizations subject to relocation have contributed capital with land use rights to the real estate business organization in accordance with the land law, the real estate business organization shall carry out procedures for changing land use purposes as prescribed.

2. The determination of land prices and the fulfillment of financial obligations on land for pilot projects shall be carried out in accordance with the land law, the law on taxes, fees, and charges, and other relevant laws.

For pilot projects organized for implementation by the Ministry of National Defence and the Ministry of Public Security, if the real estate business organization has previously fulfilled land-related financial obligations or advanced funds according to the policy of the Ministry of National Defence and the Ministry of Public Security to serve the relocation of houses and land before the effective date of Resolution No. 171/2024/QH15, the Ministry of National Defence and the Ministry of Public Security shall certify and take responsibility for the certification of reasonable expenses incurred by the real estate business organization as a basis for competent state agencies to deduct from the land-related financial obligations and other expenses related to the pilot project payable to the State by the real estate business organization as prescribed by law.

Chapter III

IMPLEMENTATION PROVISIONS

Article 9. Responsibility for implementation organization

1. The provincial-level People's Council shall perform the tasks specified in Resolution No. 171/2024/QH15 and this Decree, and supervise the organization of implementation in the locality.

2. The provincial-level People’s Committees shall:

a) Perform the tasks specified in this Decree;

b) Direct the provincial-level agency with land management function and relevant agencies to carry out procedures on land, housing, investment, construction, real estate business, and other laws regarding pilot projects in a timely and lawful manner;

c) Implement the regime of reporting to the Government annually, preliminary review after 3 years, and final review after 5 years in accordance with Clause 5 Article 5 of Resolution No. 171/2024/QH15, and send reports to the Ministry of Agriculture and Environment for compilation.

3. The Ministry of National Defence and the Ministry of Public Security shall:

a) Perform the tasks specified in this Decree;

b) Report the implementation results annually before December 31 during the pilot implementation period; report the 3-year review results before January 31, 2028; report the 5-year review results before January 31, 2030, to the Ministry of Agriculture and Environment for compilation and reporting to the Government;

c) Coordinate with the Ministry of Agriculture and Environment to conduct the preliminary review after 3 years and the final review after 5 years in accordance with Clause 4 Article 5 of Resolution No. 171/2024/QH15.

4. The Ministry of Agriculture and Environment shall:

a) Monitor, guide, inspect, and examine the implementation of land procedures for pilot projects;

b) Assume the prime responsibility for conducting the preliminary review after 3 years and the final review after 5 years in accordance with Clause 4 Article 5 of Resolution No. 171/2024/QH15; compile and report to the Government and the National Assembly to ensure the prescribed time limit.

5. Ministries and relevant agencies shall, within their functions and tasks, monitor, guide, inspect, and examine the implementation of relevant procedures for pilot projects; coordinate with the Ministry of Agriculture and Environment to conduct the preliminary review after 3 years and the final review after 5 years in accordance with Clause 4 Article 5 of Resolution No. 171/2024/QH15.

6. Real estate business organizations shall:

a) Implement pilot projects in accordance with the law; fulfill the responsibilities of pilot project investors, including the responsibility to fulfill obligations on social housing in accordance with the housing law;

b) Promptly report to the provincial-level People's Committee on difficulties and problems arising during the implementation of pilot projects for guidance, support, and resolution.

Article 10. Effect

1. This Decree takes effect from April 1, 2025, to the end of March 31, 2025.

2. In case any legal documents referred to in this Decree are amended, supplemented or replaced, the amending, supplementing or replacing ones shall prevail.

3. In case the conditions, criteria, or information related to pilot project implementation are affected or changed due to the reorganization of administrative units at all levels, the newly established administrative units shall inherit the conditions, criteria, and information according to the former administrative units to organize the implementation of pilot projects.

4. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, Chairpersons of People’s Committees at all levels, and other related organizations and individuals shall implement this Decree.

* All Appendices are not translated herein.