Decree No. 75/2025/ND-CP detailing the implementation of Resolution No. 171/2024/QH15 dated November 30, 2024 of the National Assembly on piloting the implementation of commercial housing projects through agreements to acquire land use rights or currently holding land use rights.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

a) State agencies;

Article 2. Applicability

b) Real estate business organizations as prescribed by laws on real estate business;

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 business organizations currently holding land use rights as prescribed in points b, c, and d Clause 1 of Article 1 of Resolution No. 171/2024/QH15 include:

Article 3. Explanation of Terms

a) Organizations currently using land and have been issued Land Use Right Certificates, House Ownership Certificates and Land Use Right Certificates for residential purposes, House Ownership Certificates, Construction Works Ownership Certificates, Land Use Right Certificates for residential purposes and other property attached to the land, Land Use Right Certificates for property attached to the land (hereinafter collectively referred to as Certificates);

b) Organizations currently using land stably due to being allocated land or leased land by the State but have not yet been issued Certificates;

c) Organizations using land by receiving land use rights, purchasing assets, or receiving capital contributions in the form of assets attached to the land from land users who meet the conditions for transferring land use rights, selling assets, or contributing capital in the form of assets attached to the land according to the provisions of the law but have not yet been issued Certificates.

DETAILED REGULATIONS IMPLEMENTING THE PILOT PROJECT

c) An organization that uses land by acquiring the right to use land, purchasing assets, receiving contributions in assets attached to land from land users who meet the conditions for transferring the right to use land, selling assets, contributing assets attached to land according to the provisions of the law but has not yet been issued a Certificate of Land Use Right.

Chapter II

PROVISIONS FOR IMPLEMENTING THE PILOT PROJECT

Article 4. Establishment, Approval, and Announcement of the List of Land Areas for Pilot Project Implementation

1. The provincial land management agency shall notify the registration of demand to implement pilot projects in accordance with Resolution No. 171/2024/QH15, specifying the registration deadline and content according to Model No. 01 attached to this Decree. Such notifications shall be published on the provincial People's Committee’s website and the provincial land management agency’s website.

2. Organizations with the need to implement pilot projects shall submit one set of documents to the provincial land management agency, including:

a) A registration form according to Model No. 02 attached to this Decree;

b) A copy of one of the documents proving current land use rights as stipulated in Clause 2, Article 3 of this Decree for cases where there are current land use rights;

c) An extract from the map or a diagram showing the location of the proposed land area for the pilot project.

3. Submission of documents as prescribed in Clause 2 of this Article shall be carried out through one of the following methods:

a) Submitting directly to the One-Stop Service Center in accordance with the provincial People's Committee regulations on receiving documents and delivering results for provincial administrative procedures;

b) Submitting via public postal services;

c) Submitting online through the National Public Service Portal or the provincial Public Service Portal or the provincial administrative procedure information system.

4. For projects prioritized for implementation by the Ministry of Defense and the Ministry of Public Security in accordance with Clause 3, Article 4 of Resolution No. 171/2024/QH15, the Ministry of Defense and the Ministry of Public Security shall carry out the following actions:

a) Review and compile a list of land areas for pilot project implementation;

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

c) Send the list of land areas selected for pilot projects and the chosen real estate business organizations to the provincial People's Committee to instruct the provincial land management agency to aggregate them into the List of Land Areas for Pilot Project Implementation.

5. Within fifteen days from the end date of the registration period specified in Clause 1 of this Article, the provincial land management agency shall review and assess the conditions and criteria of the proposed land areas for pilot projects based on point a and point b of Clause 1, Article 3, Clause 1, Article 4 of Resolution No. 171/2024/QH15, and Clause 6 of this Article; establish the List of Land Areas for Pilot Project Implementation and submit it to the provincial People's Committee for approval.

In cases where multiple organizations propose to implement pilot projects on the same land area, priority shall be given to the organization currently holding land use rights. If multiple organizations under the agreement to receive land use rights propose to implement pilot projects on the same land area, priority shall be given to the organization that submitted the application first.

6. If, after consolidation as prescribed in Clause 5 of this Article, the total area of residential land registered for pilot projects exceeds thirty percent as stipulated in point b, Clause 1, Article 4 of Resolution No. 171/2024/QH15, the selection of land areas for pilot projects shall follow the following priorities:

a) Projects by real estate business organizations that have been approved for investment orientation or have a permit from competent state agencies to implement projects under the agreement to receive land use rights or currently hold land use rights before the effective date of Resolution No. 171/2024/QH15;

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

c) Projects implemented on the area of production and business facilities that must be relocated due to environmental pollution or urban planning and town planning;

d) Projects proposed by organizations currently holding land use rights;

đ) Projects proposed by organizations seeking to receive land use rights.

7. In cases where pilot projects have the same priority order as prescribed in Clause 6 of this Article, consideration shall be given to prioritize projects aimed at urban renovation and beautification. If, after reviewing the criteria of projects aimed at urban renovation and beautification, the total area of residential land registered for pilot projects still exceeds thirty percent as stipulated in point b, Clause 1, Article 4 of Resolution No. 171/2024/QH15, priority shall be given to projects submitted by organizations earlier.

8. Documents for issuing the List of Land Areas for Pilot Project Implementation include:

a) A report from the provincial land management agency regarding the issuance of the List of Land Areas for Pilot Project Implementation;

b) A draft report from the provincial People's Committee to the provincial People's Council for issuing the List of Land Areas for Pilot Project Implementation;

c) A draft resolution from the provincial People's Council for issuing the List of Land Areas for Pilot Project Implementation, including the following main contents:

Name and address of the organization registering to implement the project;

Total area and location of the land for the project (including a diagram showing the location and boundaries on the district land use plan map or construction plan map or urban plan map), specifying the area of each type of land within the pilot project that requires a change of land use purpose, including rice fields, special-use forests, protective forests, and productive forests;

Estimated total investment;

Time limit and progress of the project;

Other related contents (if any);

d) A comprehensive report, including the proposal for the list of land areas for pilot project implementation; analysis and recommendation on the priority order as prescribed in Clause 6 and Clause 7 of this Article;

đ) A draft document from the provincial People's Committee seeking opinions from the Ministry of Defense regarding defense land and the Ministry of Public Security regarding security land in cases where the project uses defense land or security land that has been planned to be removed from defense or security land for pilot project implementation but is not organized by the Ministry of Defense or the Ministry of Public Security;

e) A draft announcement from the provincial People's Committee approving real estate business organizations to implement pilot projects;

g) A list of cases where real estate business organizations' proposals were not selected for inclusion in the list and reasons for exclusion.

9. In the case provided for in Point d, Clause 8 of this Article, the People's Committee at the provincial level shall be responsible for soliciting opinions from the Ministry of National Defense and the Ministry of Public Security before submitting to the People's Council at the same level for approval of the Resolution promulgating the List of land areas planned to implement pilot projects.

10. The People's Committee at the provincial level shall submit to the People's Council at the same level for approval of the Resolution promulgating the List of land areas planned to implement pilot projects in accordance with Clause 2, Article 4 of Resolution No. 171/2024/QH15. The submission package shall include the Proposal and the documents specified in Points c and d of Clause 8 and Clause 9 of this Article.

11. The People's Council at the provincial level shall consider and approve the List of land areas planned to implement pilot projects simultaneously with the approval of the List of construction works and projects requiring land recovery; in cases where the People's Council at the provincial level has already approved the List of construction works and projects requiring land recovery according to Clause 5, Article 72 of the Land Law without simultaneous approval of the List of land areas planned to implement pilot projects, then the People's Committee at the provincial level shall submit the List of land areas planned to implement pilot projects for consideration and approval by the People's Council at the same level; including the determination of the area of various types of land within the pilot project that must change land use purposes, which includes rice cultivation land, special-use forest land, protective forest land, and production forest land.

12. After the People's Council at the provincial level approves the List of land areas planned to implement pilot projects, the People's Committee at the provincial level shall carry out the following tasks:

a) Announce the List of land areas planned to implement pilot projects on the electronic portal of the People's Committee at the provincial level, and publish it publicly on the electronic portal or website of the competent land management agency at the provincial level. The announcement shall be made within three working days from the date the People's Council at the provincial level signs to issue the list.

b) Issue a Notice approving real estate business organizations to implement pilot projects according to Model No. 03 attached to this Decree, and instruct the competent land management agency at the provincial level to notify cases where projects do not meet the requirements to be included in the List of land areas planned to implement pilot projects. The notification shall be carried out within five working days from the date of announcing the List of land areas planned to implement pilot projects.

13. After the People's Council at the provincial level approves the List of land areas planned to implement pilot projects, if there are still real estate business organizations proposing land areas meeting the provisions of Clause 1, Article 4 of Resolution No. 171/2024/QH15, the competent land management agency at the provincial level shall continue to follow the provisions of this Article to propose supplementary inclusion in the List of land areas planned to implement pilot projects.

Article 5. Implementation of Pilot Projects by Real Estate Business Organizations Selected by the Ministry of National Defense and the Ministry of Public Security

After the People's Committee at the provincial level completes the announcement of the List of land areas planned to implement pilot projects, the real estate business organization selected by the Ministry of National Defense and the Ministry of Public Security to implement the pilot project shall be responsible for establishing the pilot project in accordance with laws on investment, housing, real estate business, and related laws to submit to the competent authority for approval of the investment proposal while also approving the investor to implement the project in accordance with Point d, Clause 4, Article 29, and Articles 30, 31, and 32 of the Investment Law.

Article 6. Implementation of agreements to acquire land use rights

1. After receiving the notification of approval for organizations to implement pilot projects, real estate business organizations shall implement agreements to acquire land use rights with land users in accordance with civil law and land law provisions. The handling of cases where the land area for implementing pilot projects includes land areas managed by state agencies and organizations shall be carried out in accordance with Article 59 of Decree No. 102/2024/NĐ-CP.

2. The resolution of cases where investors cannot reach agreement with land users shall be implemented in accordance with points a and b, Clause 2, point a, Clause 3 of Article 61 of Decree No. 102/2024/NĐ-CP.

3. The implementation of policies encouraging agreements on acquiring land use rights to implement pilot projects shall be carried out in accordance with Article 62 of Decree No. 102/2024/NĐ-CP.

4. Real estate business organizations may register changes and issue Certificates of Land Use Rights for types of land that have been transferred according to legal regulations or after completing the acquisition of land use rights for the entire project and simultaneously with the procedures for changing land use purposes in accordance with land law regulations.

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

1. Real estate business organizations currently holding land use rights or established in accordance with point d, Clause 1, Article 1 of Resolution No. 171/2024/QH15, or after completing the agreement to acquire land use rights and the agreed land area meeting the conditions to implement pilot projects as prescribed, shall implement the procedures for approving investment orientation and investor approval for pilot projects in accordance with point d, Clause 4, Article 29 and Articles 30, 31, and 32 of the Investment Law.

2. Real estate business organizations, after being approved for investment orientation and investor approval, shall proceed with other procedures to implement pilot projects in accordance with laws on investment, construction, housing, real estate business, land, and other relevant laws.

3. Projects of real estate business organizations that have been approved for investment orientation and investor approval or have documents from competent state agencies regarding investment, construction, planning, and other procedures allowing the implementation of pilot projects involving the acquisition of land use rights or currently holding land use rights before the effective date of Resolution No. 171/2024/QH15 without a specified term or with a term but still within the term need not re-implement procedures or reissue existing documents.

In cases where projects have been approved for investment orientation but not yet approved for investors, at the stage of approving investment orientation concurrently with investor approval as stipulated in Article 5 of this Decree and Clause 1 of this Article, the competent authority only needs to approve the investor.

Article 8. Implementation of land procedures to implement pilot projects

1. After the pilot project has been approved for investment orientation, procedures for land recovery, land allocation, land leasing, change of land use purpose, signing land lease contracts, land registration, and issuance of Land Use Right Certificates shall be carried out in accordance with current land law regulations, including:

a) In cases where land use rights belong to real estate business organizations approved for investment orientation concurrently with investor approval, procedures for changing land use purposes shall be implemented for land areas requiring such changes.

b) In cases where organizations using land have joint venture or partnership contracts to establish project enterprises but land use rights are not transferred, the land shall be returned to the State for the State to recover and allocate or lease to the enterprise established to implement the project; organizations using land will not be compensated for assets on the land when the State recovers the land. If land use rights transfer is permitted, procedures for registering land use rights changes to the enterprise established to implement the project shall be implemented.

c) In cases where real estate business organization projects are established by organizations using land to implement commercial housing projects before the effective date of this Decree or pilot projects as prescribed in this Decree on areas of production and business facilities that must be relocated due to environmental pollution or urban planning requirements, and land for implementing the project has not been issued a Certificate of Land Use Rights, the organization must return the land to the State for the State to recover and allocate or lease to the real estate business organization established by the relocating organization to implement the project.

In cases where relocating organizations have contributed land use rights to real estate business organizations in accordance with land law regulations, real estate business organizations shall implement changes in land use purposes in accordance with regulations.

2. Determination of land prices and fulfillment of financial obligations related to land for pilot projects shall be carried out in accordance with land law, tax, fee, and other relevant legal regulations.

For pilot projects organized by the Ministry of National Defense and the Ministry of Public Security, if real estate business organizations have fulfilled financial obligations related to land or temporarily prepaid funds according to the directives of the Ministry of National Defense and the Ministry of Public Security to serve the relocation of residential and land facilities before the effective date of Resolution No. 171/2024/QH15, the Ministry of National Defense and the Ministry of Public Security shall confirm and bear responsibility for reasonable costs incurred by real estate business organizations, serving as the basis for competent state authorities to deduct from financial obligations related to land and other costs associated with pilot projects that real estate business organizations must pay to the State in accordance with legal regulations.

Chapter III

IMPLEMENTING PROVISIONS

Article 9. Implementation responsibilities

1. Provincial People's Councils are responsible for implementing tasks prescribed in Resolution No. 171/2024/QH15 and this Decree, and supervising the implementation at local levels.

2. Provincial People's Committees are responsible for:

a) Carry out the tasks prescribed in this Decree;

b) Direct the competent land management agencies at the provincial level and related agencies to implement procedures concerning land, housing, investment, construction, real estate business, and other relevant legal provisions for pilot projects in a timely manner and in accordance with the law;

c) Implement the annual reporting system to the Government, mid-term review every three years, and final review every five years as stipulated in Clause 5, Article 5 of Resolution No. 171/2024/QH15, and simultaneously send the reports to the Ministry of Agriculture and Rural Development for consolidation;

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

a) Carry out the tasks prescribed in this Decree;

b) Reporting the results annually before December 31 during the pilot period; reporting the mid-term review results every three years before January 31, 2028; reporting the final review results every five years before January 31, 2030 to the Ministry of Agriculture and Rural Development for consolidation and reporting to the Government;

c) Cooperating with the Ministry of Agriculture and Rural Development to conduct the mid-term review every three years and the final review every five years as stipulated in Clause 4, Article 5 of Resolution No. 171/2024/QH15;

4. The Ministry of Agriculture and Environment shall be responsible for:

a) Supervising, guiding, inspecting, and auditing the implementation of land-related procedures for pilot projects;

b) Leading the mid-term review every three years and the final review every five years as stipulated in Clause 4, Article 5 of Resolution No. 171/2024/QH15; consolidating and reporting to the Government and the National Assembly within the prescribed deadlines;

5. Relevant ministries and sectors within their respective functions and duties shall be responsible for supervising, guiding, inspecting, and auditing the implementation of related procedures for pilot projects; cooperating with the Ministry of Agriculture and Rural Development to conduct the mid-term review every three years and the final review every five years as stipulated in Clause 4, Article 5 of Resolution No. 171/2024/QH15;

6. Real estate businesses shall be responsible for:

a) Implementing the pilot project in accordance with the law; fulfilling the responsibilities of the project investor, including the obligation to provide social housing as prescribed by the law on housing;

b) Promptly reporting difficulties and obstacles encountered during the implementation of the pilot project to the provincial People's Committee for guidance, support, and resolution;

Article 10. Provisions on implementation

1. This Decree shall take effect from April 1, 2025 until March 31, 2030;

2. In cases where the legal normative documents cited in this Decree are amended, supplemented, or replaced, they shall be implemented according to the corresponding provisions of the amending, supplementing, or replacing documents;

3. In cases where conditions, criteria, and information related to the implementation of pilot projects are affected or changed due to administrative restructuring at various levels, the newly established administrative unit shall inherit the conditions, criteria, and information from the previous administrative unit to organize the implementation of the pilot project;

4. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, chairpersons of People's Committees at all levels, and other related organizations and individuals shall be responsible for implementing this Decree./.