Latest proposal on land acquisition for commercial housing project implementation

The Government has sent a report to the National Assembly Standing Committee on a number of contents of the draft Land Law (amended).

Amending regulations on land recovery for commercial housing projects, mixed housing and commercial service business projects

One issue of interest is the cases where the State reclaims land for socio-economic development for national and public interests (in Article 79 of the draft law). The latest draft of the Land Law (amended) continues to list 31 specific cases.

In particular, regarding the regulations on land recovery to implement commercial housing projects, mixed housing and commercial service projects, the Government has proposed adjustments.

According to the Government's report, Resolution 18 of the Central Committee has advocated land allocation and leasing mainly through land use rights auctions and bidding for projects using land.

Land use rights auction and investor selection bidding are tools for the State to manage land in a public and transparent manner, bringing the best benefits to society, including increasing budget revenue and selecting the best investors to implement projects.

On the basis of inheriting the 2013 Land Law and institutionalizing Resolution 18 of the National Assembly Chairman, the Government proposes to revise and perfect the above regulations.

Specifically, the Government proposes to make the following adjustments: Implement projects approved by the Provincial People's Council in accordance with the planning to create land funds invested by the State to auction land use rights or to assign to investors who win bids for land use projects, including urban area construction investment projects; urban and rural residential area beautification projects.

Previously, in the announcementRegarding the opinion at the meeting of the National Assembly Chairman with relevant agencies on receiving, explaining and revising the draft law, this content was clearly stated.

Accordingly, it is necessary to complete regulations on land recovery for commercial housing projects and mixed housing and commercial service projects to ensure the spirit of Resolution 18 and comply with the provisions of the Constitution; clearly stipulate criteria and conditions for land recovery in this case.

Will be submitted to the National Assembly for consideration at the extraordinary session.

The Government requested the National Assembly Standing Committee to study the Government's comments and proposals to coordinate in completing the draft Land Law (amended) to submit to the National Assembly for consideration and approval at the 5th extraordinary session (January 2024).

This is to properly implement the policy of Resolution 18, ensure the unity of the legal system, promptly remove obstacles, and unblock land resources for socio-economic development.

Speaking to the press in early 2024, National Assembly Chairman Vuong Dinh Hue reiterated that at the 6th session, the National Assembly had not yet passed two draft Land Laws (amended) as planned.

He pointed out that the importance of the Land Law is second only to the Constitution and has a profound impact on all aspects of economic and social life and all people.

According to the National Assembly Chairman, there are 27 major issues so far. Before the 6th session, 6 major issues were agreed upon by the National Assembly Standing Committee and the Government, and 7 major issues reported by the Party Delegation to the Politburo were commented on by the Politburo. Thus, 13 issues have been clarified.

In addition, at the 6th meeting of the National Assembly Standing Committee between the two sessions, 9 more major issues were thoroughly discussed and decided.

These are issues, according to Mr. Hue, when presented there were 2-3 options, but the National Assembly Standing Committee analyzed and decided on 9 contents according to 1 option. Then the Government also agreed with these 9 contents.

Thus, 22/27 contents have been agreed upon. The remaining 5 contents have been discussed and basically agreed upon, awaiting the official response of the Government.

After agreeing on these 27 contents, they will continue to be reviewed and the National Assembly Standing Committee will submit them to the National Assembly for consideration and approval. The decision to approve or not is the right of the National Assembly.

There will be a meeting of the National Assembly Standing Committee in January 2024 for final review before submitting to the National Assembly.

"This is a bill with many big, important issues that need to be done carefully," the National Assembly Chairman emphasized.