Resolution 171/2024/QH15 pilot implementation of commercial housing projects through negotiation on acquisition of land use rights

 RESOLUTION

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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THE NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to Law No. 80/2015/QH13 on Promulgation of Legal Documents, which has a number of articles amended and supplemented under Law No. 63/2020/QH14;

RESOLVES:

Article 1. Scope of regulation

1. This Resolution provides the pilot implementation of commercial housing projects through negotiation on acquisition of land use rights or in case of currently having land use rights (below referred to as pilot projects) nationwide in the following cases:

a/ Projects of real estate business organizations acquiring land use rights;

b/ Projects of real estate business organizations currently having land use rights;

c/ Projects of real estate business organizations currently having land use rights and acquiring land use rights;

d/ Projects of real estate business organizations established by organizations currently using land to implement commercial housing projects on the area of ​​polluting production and business establishments subject to relocation, or establishments subject to relocation in accordance with construction master plans or urban master plans.

2. Commercial housing projects not regulated by this Resolution shall be implemented in accordance with the Land Law, including:

a/ Projects of real estate business organizations acquiring the right to use residential land;

b/ Projects of real estate business organizations currently having residential land use rights or the rights to use residential land and land of other types.

3. The negotiation on acquisition of land use rights to implement a pilot project shall be carried out through the transfer of land use rights in accordance with the land law. In case the land lot or land parcel where a pilot project is implemented covers a land area managed by a state agency or organization which, however, cannot be divided into an independent project, such land area shall be included in the total land area to serve the formulation of the project and recovered by the State for allocation or lease to the investor to implement the project without having to undergo auction of land use rights or bidding to select investors to implement land-using projects.

Article 2. Subjects of application

1. This Resolution 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 of land users in accordance with this Resolution and the land law; and exercise the rights and perform the obligations of real estate business organizations in accordance with the laws on land, housing, real estate business, and investment, and other relevant laws.

Article 3. Conditions for implementing pilot projects

1. The implementation of a pilot project must satisfy the following conditions:

a/ The land lot or land parcel where the project is to be implemented must conform to the relevant district-level land-use master plan or construction master plan and urban master plan;

b/ The land lot or land parcel where the project is to be implemented must conform to the approved local housing development program and plan;

c/ The land lot or land parcel where the project is to be implemented must be on the list of land lots scheduled for implementing pilot projects that is approved by the provincial-level People's Council under Clause 2, Article 4 of this Resolution;

d/ The provincial-level People's Committee issues a document approving the negotiation on acquisition of land use rights to implement the pilot project, for the cases specified at Points a and c, Clause 1, Article 1 of this Resolution;

dd/ The concerned real estate business organization must satisfy the conditions specified in the laws on land, housing, real estate business, and investment, and other relevant laws.

2. In case of using the area of land for national defense and security purposes that has been planned to be removed from the list of land areas for national defense and security purposes to implement a pilot project, it is required to satisfy the conditions specified in Clause 1 of this Article, enclosed with the Ministry of National Defense’ approval document, for land for national defense purposes, or with the Ministry of Public Security’s approval document, for land for security purposes.

3. Real estate business organizations wishing to implement pilot projects that satisfy the conditions specified in Clauses 1 and 2 of this Article may acquire land use rights and repurpose land for one, more or all of the following types of land to implement pilot projects:

a/ Agricultural land;

b/ Non-agricultural land other than residential land;

c/ Residential land and land of other types in the same land parcel, in case of negotiation on acquisition of land use rights.

Article 4. Criteria for selection of pilot projects

1. The selection of a pilot project must satisfy the following criteria:

a/ The project is to be implemented in an urban area or an area planned for urban development;

b/ The total residential land area under pilot projects (including the existing residential land area and the land area to be repurposed to residential land) must not exceed 30% of the increased residential land area in the planning period (compared to the current status of residential land use) according to the approved land allocation and zoning plan in the provincial-level matter plan for the 2021-2030 period;

c/ The project does not fall into one of the cases specified in Clause 4, Article 67 of the Land Law;

d/ For the case specified at Point a, Clause 1, Article 1 of this Resolution, the land lot where a pilot project is to be implemented must not be on the list of works and projects subject to land recovery approved by the provincial-level People's Council under Clause 5, Article 72 of the Land Law.

2. Provincial-level People's Committees shall submit to provincial-level People's Councils for approval the lists of land lots where pilot projects are planned to be implemented simultaneously with the approval of lists of works and projects subject to land recovery specified in Clause 5, Article 72 of the Land Law.

3. For the areas of land for national defense and security purposes that have been planned to be removed from the lists of land areas for national defense and security purposes and satisfy the conditions specified in Clause 2, Article 3 of this Resolution but have not yet been handed over to the concerned localities for management, the Ministry of National Defense and Ministry of Public Security shall be assigned to organize the implementation of pilot projects for sale, lease, or lease-purchase with priority to officers and soldiers of the armed forces in accordance with law.

The arrangement and handling of public assets being land for national defense and security purposes, and assets on land for national defense and security purposes specified in this Clause must comply with Clause 3, Article 83 of the Land Law.

Article 5. Organization of implementation

1. The National Assembly, National Assembly Standing Committee, Vietnam Fatherland Front and its member organizations, Ethnic Council, Committees of the National Assembly, National Assembly deputies’ delegations, National Assembly deputies and People's Councils at all levels shall, within the ambit of their tasks and powers, oversee the implementation of this Resolution.

2. The Government shall detail the implementation of this Resolution.

3. The Government, ministries, ministerial-level agencies, other central agencies and local administrations shall uphold their responsibility, especially the responsibility of the heads, in leading and directing the implementation of the contents and policies specified in this Resolution, ensuring publicity, transparency, efficiency, feasibility and schedule, and preventing policy profiteering, loss and waste.

4. The Government shall direct related ministries and ministerial-level agencies to organize, within the ambit of their assigned functions and tasks, the implementation, and monitor, inspect and examine the implementation of this Resolution; conduct a 3-year review of the implementation of this Resolution in 2028 and conduct 5-year review of of the implementation of this Resolution for reporting thereon to the National Assembly at its 2030 year-end session.

5. Provincial-level People's Councils and People's Committees shall organize the implementation of this Resolution in their localities. Provincial-level People's Committees shall report to the Government on the annual results of the implementation of this Resolution before December 31 in the pilot period; report on 3-year review of the implementation of this Resolution in their localities before January 31, 2028; and report on 5-year review of the implementation of this Resolution in their localities before January 31, 2030.

Article 6. Implementation provisions

1. This Resolution takes effect on April 1, 2025, and shall be implemented for 5 years.

2. After this Resolution ceases to be effective, real estate business organizations that implement pilot projects according to their schedule may continue to implement such projects until they are completed. Those acquiring land use rights and ownership of land-attached assets under pilot projects have the rights and obligations of land users and asset owners in accordance with law.

This Resolution was adopted on November 30, 2024, by the XV^th National Assembly of the Socialist Republic of Vietnam at its 8^th session.-

Chairman of the National Assembly
TRAN THANH MAN