RESOLUTION NO. 171/2024/QH15 ON THE PILOT IMPLEMENTATION OF COMMERCIAL HOUSING PROJECTS THROUGH AGREEMENTS ON ACQUIRING LAND USE RIGHTS OR CURRENT LAND USE RIGHTS

RESOLUTION

ON TRIAL IMPLEMENTATION OF COMMERCIAL HOUSING PROJECTS THROUGH AGREEMENTS TO ACQUIRE LAND USE RIGHTS OR CURRENT LAND USE RIGHTS

RIGHT TO USE LAND OR CURRENT RIGHT TO USE LAND

OF THE NATIONAL ASSEMBLY

On the basis of the Constitution of the Socialist Republic of Vietnam;

Pursuant to the Law on Legislative Regulatory Documents No. 80/2015/QH13, which has been amended and supplemented by some articles according to Law No. 63/2020/QH14;

RESOLUTION:

Article 1. Scope of Regulation

1. This Resolution stipulates the trial implementation of commercial housing projects through agreements to acquire land use rights or current land use rights (hereinafter referred to as trial projects) nationwide for the following cases:

a) Projects of real estate businesses acquiring land use rights;

b) Projects of real estate businesses currently holding land use rights;

c) Projects of real estate businesses currently holding land use rights and acquiring additional land use rights;

d) Projects of real estate businesses established by organizations currently using land to implement commercial housing projects on areas of production and business facilities that must be relocated due to environmental pollution or urban planning and construction plans.

2. The implementation of commercial housing projects not within the scope regulated by this Resolution shall be carried out in accordance with the provisions of the Land Law, including:

a) Projects of real estate businesses acquiring residential land use rights;

b) Projects of real estate businesses currently holding residential land use rights or residential land and other types of land.

The agreement to acquire land use rights for implementing trial projects shall be conducted through the transfer of land use rights in accordance with the laws on land. In cases where the area within the project site includes land managed by state agencies or organizations but cannot be separated into independent projects, such land areas will be included in the total land area for project establishment and will be recovered by the State to allocate or lease to investors to implement the project without going through the public auction of land use rights or tendering for investor selection involving land use.

Article 2. Applicability

1. This Resolution applies to the following subjects:

c) Land users as prescribed by the Land Law.

2. Real estate business organizations as prescribed at point b Clause 1 of this Article shall perform their rights and obligations as stipulated in Clause 2 Article 2 of Resolution No. 171/2024/QH15.

1. The project area is the specific land area with clearly defined boundaries based on land use planning maps or construction planning maps, urban planning maps, including: one or more plots of land, one or more plots of land and part of other plots of land, or part of multiple plots of land.

2. Real estate businesses specified in point b Clause 1 Article 1 of this Resolution shall exercise their rights and obligations as land users in accordance with this Resolution and the laws on land, housing, real estate business, investment, and other relevant laws.

Article 3. Conditions for Implementing Trial Projects

1. Implementation of trial projects must meet the following conditions:

a) The scope of the land plot for the project must be consistent with the land use plan at the district level or construction and urban planning plans;

b) The scope of the land plot for the project must be consistent with the local housing development program that has been approved;

c) The scope of the land plot for the project must be included in the list of land plots planned for trial projects approved by the People's Council of the province in accordance with Clause 2 Article 4 of this Resolution;

d) There must be a written approval from the Provincial People's Committee regarding the agreement to acquire land use rights for implementing trial projects as stipulated in point a and point c Clause 1 Article 1 of this Resolution;

e) Real estate businesses must meet the conditions prescribed by the laws on land, housing, real estate business, investment, and other relevant laws.

2. For cases where defense and security lands have been re-planned outside defense and security lands to implement trial projects, they must meet the conditions prescribed in Clause 1 of this Article and obtain written approval from the Ministry of National Defense for defense lands and the Ministry of Public Security for security lands.

3. Real estate businesses implementing trial projects that meet the conditions prescribed in Clauses 1 and 2 of this Article may receive transfers of land use rights and changes in land use purposes for the following types of land to implement trial projects:

a) Agricultural land;

b) Non-agricultural land other than residential land;

c) Residential land and other types of land within the same plot for cases of agreements to acquire land use rights.

Article 4. Criteria for selecting pilot projects

1. The selection of pilot projects must meet the following criteria:

a) To be implemented in urban areas or areas planned for urban development;

b) The total area of residential land in pilot projects (including existing residential land and land intended to change its purpose of use to residential land) shall not exceed 30% of the additional residential land area in the provincial planning period from 2021 to 2030, as approved according to the land allocation and zoning plan;

c) Not to be among the projects specified in Clause 4, Article 67 of the Land Law;

d) In cases stipulated in Point a, Clause 1, Article 1 of this Resolution, the land for implementing the pilot project must not be included in the list of construction works and projects requiring land acquisition approved by the Provincial People's Council in accordance with Clause 5, Article 72 of the Land Law.

2. The People's Committee at the provincial level shall submit to the Provincial People's Council for approval the list of lands proposed for pilot projects simultaneously with the approval of the list of construction works and projects requiring land acquisition in accordance with Clause 5, Article 72 of the Land Law.

3. For defense and security land that has been planned to be removed from defense and security land and meets the conditions specified in Clause 2, Article 3 of this Resolution but has not yet been transferred to local management, priority should be given to the Ministry of National Defense and the Ministry of Public Security organizing the implementation of pilot projects to prioritize the sale, lease, and lease-purchase of such land for officers and soldiers of the armed forces in accordance with the provisions of the law.

The implementation of the reorganization and handling of state assets which are defense and security land, and assets on defense and security land as provided in this clause shall be carried out in accordance with the provisions of Clause 3, Article 83 of the Land Law.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

1. The National Assembly, the Standing Committee of the National Assembly, the Vietnam Fatherland Front and its member organizations, the National Ethnic Council, the Committees of the National Assembly, the Delegations of the National Assembly, National Assembly deputies, and People's Councils at all levels, within their respective duties and powers, shall supervise the implementation of this Resolution.

2. The Government shall provide detailed regulations for the implementation of this Resolution.

3. The Government, ministries, ministerial-level agencies, central agencies, and local authorities shall enhance responsibility, especially the responsibility of leaders, in directing and organizing the implementation of the contents and policies prescribed in this Resolution, ensuring transparency, effectiveness, feasibility, and progress; preventing policy exploitation, loss, and waste.

4. The Government shall direct relevant ministries and ministerial-level agencies within their functions and tasks to organize the implementation, monitor, inspect, and audit the implementation of this Resolution; conduct a mid-term review after three years of implementation in 2028 and a final review after five years of implementation to report to the National Assembly at the last session in 2030.

5. The People's Councils and People's Committees of provinces and centrally-administered cities shall be responsible for implementing this Resolution within their respective jurisdictions. The People's Committees of provinces and centrally-administered cities shall report annually to the Government on the results of implementation before December 31 during the pilot period; report the mid-term review results after three years at the local level before January 31, 2028; report the final review results after five years at the local level before January 31, 2030.

Article 6. Implementation Provisions

1. This Resolution shall take effect from April 1, 2025 and be implemented for five years.

2. After this Resolution expires, real estate businesses currently implementing pilot projects according to the investment project schedule may continue until completion of the project. Persons who have rights to use land and ownership of property attached to land in pilot projects shall have the rights and obligations of land users and owners of property as prescribed by law.

This Resolution was adopted by the 15th Session of the National Assembly of the Socialist Republic of Vietnam at its eighth meeting on November 30, 2024.