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 of November 30, 2024, on the pilot implementation of commercial housing projects through negotiations on the acquisition of land use rights or in case of currently having land use rights^[1]

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

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

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

At the proposal of the Minister of Agriculture and Environment;

The Government promulgates the Decree detailing the implementation of the National Assembly’s Resolution No. 171/2024/QH15 of November 30, 2024, on the pilot implementation of commercial housing projects through negotiations on the 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 of November 30, 2024, on the pilot implementation of commercial housing projects through negotiations on the acquisition of land use rights or in case of currently having land use rights (below 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 as defined in the law on real estate business; and,

c/ Land users as defined in the Land Law.

2. Real estate business organizations referred to at Point b, Clause 1 of this Article shall exercise their rights and perform their obligations specified in Clause 2, Article 2 of Resolution No. 171/2024/QH15.

Article 3. Interpretation of terms

1. Land area for project implementation means a land area with a specific location and boundaries delineated based on the land use planning map or construction planning or urban planning map, covering: one or more land plot(s), or one or more land plot(s) and parts of land plots.

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

a/ Organizations that are using land and have been granted a certificate of land use rights, a certificate of house ownership and residential land use rights, a certificate of house ownership, a certificate of construction work ownership, a certificate of land use rights and ownership over houses and other assets attached to land, or a certificate of land use rights and ownership over assets attached to land (below collectively referred to as a Certificate);

b/ Organizations that are stably using land allocated or leased by the State but have not yet been granted a Certificate;

c/ Organizations that use land as a result of acquiring land use rights, purchasing assets or receiving capital contributions in the form of assets attached to land from land users that are eligible to transfer land use rights, sell assets, or contribute capital in the form of assets attached to land in accordance with law but have not yet been granted a Certificate.

Chapter II

DETAILED REGULATIONS ON PILOT PROJECT IMPLEMENTATION

Article 4. Creation, approval and publication of the List of land areas planned for pilot project implementation

1. Provincial-level agencies with land management function shall notify the registration of the needs to implement pilot projects as prescribed in Resolution No. 171/2024/QH15, specifying the registration deadlines, and registration contents according to Form No. 01 provided in the Appendix to this Decree. The notice shall be posted on the portals or websites of the provincial-level People’s Committees and provincial-level agencies with land management function.

2. An organization wishing to implement a pilot project shall submit 1 set of dossier to the provincial-level agency with land management function, comprising:

a/ The completed registration form, made according to Form No. 02 provided in the Appendix to this Decree;

b/ A copy of one of the documents proving that the organization currently has land use rights as specified in Clause 2, Article 3 of this Decree, for those currently having land use rights;

c/ An excerpt of the map or diagram of the location of the land area where the pilot project is to be implemented.

3. The dossier specified in Clause 2 of this Article may be submitted by one of the following modes:

a/ Directly to the Single-Window Division according to the regulations of the provincial-level People’s Committee on receipt of dossiers and notification of results of administrative procedure settlement at the provincial level;

b/ Via public postal service;

c/ 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 Defense or the Ministry of Public Security under Clause 3, Article 4 of Resolution No. 171/2024/QH15, the Ministry of National Defense or the Ministry of Public Security shall take the following steps:

a/ Reviewing and making a list of land areas for pilot project implementation;

b/ Selecting real estate business organizations to implement the pilot projects;

c/ Sending the list of land areas for pilot project implementation and the selected real estate business organizations to the provincial-level People’s Committee to direct the provincial-level agency with land management function to sum up and include them in the List of land areas planned for pilot project implementation.

5. Within 15 days following the registration deadline specified in Clause 1 of this Article, the provincial-level agency with land management function shall, pursuant to Points a and b, Clause 1, Article 3; and Clause 1, Article 4, of Resolution No. 171/2024/QH15, and Clause 6 of this Article, scrutinize and evaluate the conditions and criteria of the land areas proposed for pilot project implementation; prepare a List of land areas planned for pilot project implementation, and submit it to the provincial-level People’s Committee.

In case many organizations jointly propose implementing a pilot project on the same land area, priority shall be given to the organization that currently has land use rights. In case many organizations falling into the case of negotiations on the acquisition of land use rights jointly propose implementing a pilot project on the same land area, priority shall be given to the organization that submits the dossier first.

6. In case the result of the summarization under Clause 5 of this Article shows that the total residential land area registered for implementing pilot projects exceeds 30% of the limit prescribed at Point b, Clause 1, Article 4 of Resolution No. 171/2024/QH15, the selection of land areas for implementing pilot projects must follow the order of priority below:

a/ Projects to be implemented by real estate business organizations that have obtained the approval of investment policy or have obtained a document from a competent state agency permitting the implementation of the projects in case of acquisition of land use rights or currently having land use rights, prior to the effective date of Resolution No. 171/2024/QH15;

b/ Projects prioritized for implementation by the Ministry of National Defense or the Ministry of Public Security;

c/ Projects to be implemented on the land areas of ​​production and business establishments that are subject to relocation due to environmental pollution or of establishments that are subject to relocation according to construction planning or urban planning;

d/ Projects proposed by organizations that currently have land use rights;

dd/ Projects to be implemented by organizations that propose acquisition of land use rights.

7. In case of selecting pilot projects with the same order of priority under Clause 6 of this Article, priority shall be given to projects that serve the purpose of urban renovation and embellishment. If, after taking into account the criteria for projects that serve the purpose of urban renovation and embellishment, the total residential land area registered for implementing pilot projects still exceeds 30% of the limit prescribed at Point b, Clause 1, Article 4 of Resolution No. 171/2024/QH15, priority shall be given to the project of the organization that submitted the dossier first.

8. A dossier submitted for issuance of the List of land areas planned for pilot project implementation must comprise:

a/ The explanatory report of the provincial-level agency with land management function on the issuance of the List of land areas planned for pilot project implementation;

b/ A draft explanatory report submitted by the provincial-level People’s Committee to the provincial-level People’s Council for the issuance of the List of land areas planned for pilot project implementation;

c/ A draft resolution to be promulgated by the provincial-level People’s Council together with the List of land areas planned for pilot project implementation, containing the following main details:

Names and addresses of the organizations registering to implement the projects;

Total area and location of the land area for project implementation (attached with a diagram of the location and boundaries shown on the district-level land use planning map or construction planning or urban planning map), indicating the areas of ​​land types subject to repurposing under the pilot projects, including rice-growing land, special-use forest land, protection forest land, and production forest land;

Estimated total investment;

Project implementation timelines;

Other relevant contents (if any);

d/ A summarization report, including a summary of the proposals regarding the land areas planned for pilot project implementation; analysis and proposals on the order of priority under Clauses 6 and 7 of this Article;

dd/ A draft document of the provincial-level People’s Committee seeking opinions of the Ministry of National Defense regarding national defense land, or opinions of the Ministry of Public Security regarding security land, in case of using national defense land or security land areas that have been planned to be removed from the category of national defense land or security land, for pilot project implementation, where the implementation of the projects is not organized by the Ministry of National Defense or the Ministry of Public Security;

e/ A draft notice of the provincial-level People’s Committee on approval for the real estate business organizations to implement the pilot projects; and,

g/ A list of cases proposed by real estate business organizations that are not selected for inclusion in the list, along with the reasons for non-inclusion.

9. For the case specified at Point dd, Clause 8 of this Article, the provincial-level People’s Committee shall seek opinions of the Ministry of National Defense or the Ministry of Public Security before submitting the resolution issuing the List of land areas planned for pilot project implementation to the same-level People’s Council for approval.

10. The provincial-level People’s Committee shall submit the Resolution issuing the List of land areas planned for pilot project implementation to the same-level People’s Council for approval as specified in Clause 2, Article 4 of Resolution No. 171/2024/QH15. The submitted dossier must comprise the explanatory report and the documents specified at Points c and d, Clause 8, and in Clause 9, of this Article.

11. The provincial-level People’s Council shall consider and approve the List of land areas planned for pilot project implementation at the same time as approving the List of works and projects requiring land recovery; in case the provincial-level People’s Council has approved the List of works and projects requiring land recovery under Clause 5, Article 72 of the Land Law not concurrently with the approval of the List of land areas planned for pilot project implementation, the provincial-level People’s Committee shall submit the List of land areas planned for pilot project implementation to the same-level People’s Council for consideration and approval, which specifies the areas of ​​land types subject to repurposing under the pilot projects, including ​​rice-growing 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 areas planned for pilot project implementation, the provincial-level People’s Committee shall perform the following tasks:

a/ Announcing the List of land areas planned for pilot project implementation on the portal of the provincial-level People’s Committee, and publicly posting it on the portal or website of the provincial-level agency with land management function. The announcement shall be made within 3 working days after the List is signed for issuance by the provincial-level People’s Council;

b/ Issuing a notice of approval for real estate business organizations to implement the pilot projects according to Form No. 03 provided in the Appendix to this Decree, and directing the provincial-level agency with land management function to notify the projects that are not qualified for inclusion in the List of land areas planned for pilot project implementation. The notification shall be made within 5 working days after the List of land areas planned for pilot project implementation is announced.

13. After the provincial-level People’s Council approves the List of land areas planned for pilot project implementation, if a real estate business organization subsequently proposes land areas that meet the requirements specified in Clause 1, Article 4 of Resolution No. 171/2024/QH15, the provincial-level agency with land management function shall further implement the provisions of this Article to propose additions to the List of land areas planned for pilot project implementation.

Article 5. Implementation of pilot projects of real estate business organizations selected by the Ministry of National Defense or the Ministry of Public Security

After the provincial-level People’s Committee announces the List of land areas planned for pilot project implementation, the real estate business organizations selected by the Ministry of National Defense or the Ministry of Public Security to implement pilot projects shall prepare the pilot projects in accordance with the laws on investment, housing, and real estate business, and relevant laws and submit them to competent authorities for approval of the investment policy simultaneously with approval of investors to implement the projects under Point d, Clause 4, Article 29, and Articles 30, 31 and 32, of the Investment Law.

Article 6. Negotiations on acquisition of land use rights

1. After receiving the notice of approval for implementing a pilot project, the real estate business organization concerned shall conduct negotiations on the acquisition of land use rights from land users in accordance with the civil law and the land law. The handling of cases in which the land area for implementing a pilot project is currently under the management of the State’s agencies and organizations must comply with Article 59 of Decree No. 102/2024/ND-CP.

2. The handling of cases in which investors fail to reach agreements with land users must comply 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 the policy to encourage negotiations on the acquisition of land use rights for implementing pilot projects must comply with Article 62 of Decree No. 102/2024/ND-CP.

4. Real estate business organizations may register changes and be granted certificates for the type of land that has been transferred in accordance with law, or after completing the acquisition of land use rights for the entire project, which shall be carried out simultaneously with the procedures for land repurposing in accordance with the land law.

Article 7. Implementation of investment, construction and related procedures to implement pilot projects

1. Real estate business organizations that currently have land use rights or are established under Point d, Clause 1, Article 1 of Resolution No. 171/2024/QH15 or have reached agreements on the acquisition of land use rights and the agreed land areas are eligible for pilot project implementation under regulations, shall simultaneously carry out the procedures for investment policy approval and investor approval to implement the pilot projects under Point d, Clause 4, Article 29, and Articles 30, 31 and 32, of the Investment Law.

2. After obtaining the investment policy approval and investor approval, the real estate business organizations shall carry out other procedures in accordance with the laws on investment, construction, housing, real estate business, and land, and other relevant laws for implementing the pilot projects.

3. For projects of real estate business organizations that have obtained the investment policy approval and investor approval or have obtained documents from competent state agencies related to investment, construction, planning and other procedures for implementing pilot projects in case of acquisition of land use rights or currently having land use rights, before the effective date of Resolution No. 171/2024/QH15, and such documents do not state a deadline or state a deadline that has not expired, it is not required to repeat the procedures or re-apply for documents already obtained.

In case a project has obtained the investment policy approval but has not yet obtained the investor approval at the step of approving the investment policy at the same time as approving the investor as prescribed in Article 5 of this Decree and Clause 1 of this Article, the competent agency shall only proceed with the investor approval.

Article 8. Implementation of land-related procedures for pilot project implementation

1. After the investment policy approval is granted for a pilot project, the procedures for land recovery, land allocation, land lease, land repurposing, signing of land lease contracts, land registration, and issuance of land use rights certificates shall be carried out in accordance with the land law, specifically as follows:

a/ In case the land use rights currently belong to the real estate business organization for which the investment policy approval has been obtained at the same time as the investor approval, the procedures for land repurposing shall be carried out for the land area subject to land repurposing;

b/ In case the organization currently using the land area has a capital contribution, joint venture, or partnership contract to establish a project enterprise but the land use rights are not allowed to be transferred, the land area shall be returned to the State for recovery and subsequent allocation or lease to the enterprise established to implement the project; the organization currently using the land area shall not be compensated for the assets on the land area upon land recovery by the State. In case the transfer of land use rights is allowed, it is required to carry out the procedures for registering land changes to the enterprise established to implement the project;

c/ In case the project belongs to a real estate business organization that is established by organizations currently using land for implementing a commercial housing project prior to the effective date of this Decree, or a pilot project, as prescribed in this Decree, is located on the area of ​​a production or business establishment that is subject to relocation due to environmental pollution or of an establishment that is subject to relocation according to construction planning or urban planning, but a Certificate has not been granted for the land area for implementing the project, the organization subject to relocation shall return the land area to the State for recovery and subsequent allocation or lease to the real estate business organization established by the organization subject to relocation for project implementation.

In case the organizations that are subject to relocation have contributed capital in the form of land use rights to the real estate business organization in accordance with the land law, the real estate business organization shall carry out the land repurposing in accordance with regulations.

2. The determination of land prices and performance of land-related financial obligations for pilot projects must comply with the land law, the law on taxes, charges and fees, and other relevant laws.

For pilot projects the implementation of which is organized by the Ministry of National Defense or the Ministry of Public Security, and for which the real estate business organizations have fulfilled all land-related financial obligations or made advance payments in line with the policy of the Ministry of National Defense or the Ministry of Public Security to serve the relocation of houses and clearance of land before the effective date of Resolution No. 171/2024/QH15, the Ministry of National Defense or the Ministry of Public Security shall give a confirmation and be responsible for its confirmation of reasonable expense amounts already paid by the real estate business organizations, for use as a basis for competent state agencies to deduct such amounts from the land-related financial obligations, and other expenses related to the pilot projects that are payable by the real estate business organizations to the State in accordance with law.

Chapter III

IMPLEMENTATION PROVISIONS

Article 9. Responsibility for organization of implementation

1. Provincial-level People’s Councils shall perform the tasks prescribed in Resolution No. 171/2024/QH15 and this Decree, and oversee the implementation in their respective localities.

2. Provincial-level People’s Committees shall:

a/ Perform the tasks prescribed in this Decree;

b/ Direct provincial-level agencies with land management function and related agencies to carry out procedures related to land, housing, investment, construction, and real estate business, and to implement other regulations related to the pilot projects to ensure timeliness and compliance with law;

c/ Send annual reports to the Government, and conduct 3-year and 5-year reviews under Clause 5, Article 5 of Resolution No. 171/2024/QH15, and concurrently send reports to the Ministry of Agriculture and Environment for synthesis.

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

a/ Perform the tasks prescribed in this Decree;

b/ Report annual implementation results by December 31 every year during the pilot implementation period; report the 3-year review results by January 31, 2028, and report the 5-year review results by January 31, 2030, to the Ministry of Agriculture and Environment for synthesis and reporting to the Government;

c/ Coordinate with the Ministry of Agriculture and Environment in conducting the 3-year and 5-year reviews under 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-related procedures for the pilot projects;

b/ Assume the prime responsibility for conducting the 3-year and 5-year reviews under Clause 4, Article 5 of Resolution No. 171/2024/QH15; synthesize and report the review results to the Government and the National Assembly within the law-prescribed time limit.

5. Related ministries and sectors shall, within the ambit of their functions and tasks, monitor, guide, inspect and examine the implementation of relevant procedures for the pilot projects; and coordinate with the Ministry of Agriculture and Environment in conducting the 3-year and 5-year reviews under Clause 4, Article 5 of Resolution No. 171/2024/QH15.

6. Real estate business organizations shall:

a/ Implement the pilot projects in accordance with law; and perform the responsibilities of the pilot project owners, including social housing obligations in accordance with the housing law;

b/ Promptly report on difficulties and problems arising in the process of implementing the pilot projects to provincial-level People’s Committees for guidance, support and settlement.

Article 10. Implementation provisions

1. This Decree takes effect from April 1, 2025, through March 31, 2030.

2. In case the legal documents referred to in this Decree are amended, supplemented or replaced, the corresponding provisions in the amending, supplementing or replacing documents shall apply.

3. In case the conditions, criteria and information related to the implementation of the pilot projects are affected or changed due to the rearrangement of administrative units at various levels, the newly established administrative units shall take over the conditions, criteria and information from the former administrative units to organize the implementation of the 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.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
TRAN HONG HA