Disagreement on expanding the type of land agreed to be used for commercial housing projects

On the morning of January 9, the National Assembly Standing Committee gave opinions on explaining, accepting and revising the draft Land Law (amended).

After being accepted and revised, the draft law consists of 16 chapters and 260 articles. Compared to the draft law submitted to the National Assembly Standing Committee at the mid-session meeting of the 6th session, the draft law has removed 5 articles and completed, revised and amended 250 articles.

Proposing 2 options for land acquisition to implement commercial housing projects

In the report on reception and explanation, Chairman of the Economic Committee Vu Hong Thanh stated that in implementing the direction of the National Assembly Standing Committee, the agencies have made maximum efforts and promoted the highest sense of responsibility to continue improving the quality of the draft law.

Mr. Thanh also reported and explained some additional contents, including land recovery for commercial housing projects, mixed housing projects, and commercial and service business projects.

The conclusion announcements at the meetings of the National Assembly Standing Committee all require clear regulations on criteria and conditions for land recovery in this case.

Mr. Thanh said the Government's draft law designs a land recovery plan in this case.

Implement projects approved by the Provincial People's Council in accordance with the planning to create land funds invested by the State for auctioning land use rights, or to assign to investors winning bids for land use projects, including urban area construction investment projects; urban and rural residential area beautification projects.

According to this plan, the scope of the land acquisition project is the urban construction investment project that overlaps and includes the urban renovation project according to the Construction Law.

At the same time, it coincides with the provisions in the draft law on land recovery for rural residential area projects.

The above plan does not clearly relate to regulations on land use for urban and rural residential area renovation and regulations on land use rights contribution and land readjustment.

In addition, with the criteria for auctioning land use rights and bidding to select investors using land, this is only a form of land allocation and land lease by the State, not only applied to projects specified in Clause 27, Article 79 of the draft.

Regarding the criteria of conformity with planning, this is a general condition for activities, investment projects to be implemented and works to be constructed.

Based on the discussion opinions, Mr. Thanh said the draft law designs two options to express this policy.

Option 1: Implement an urban construction investment project that is not subject to an agreement on receiving land use rights.

Option 2: As the option in the Government's report, the project approved by the Provincial People's Council in accordance with the planning aims to create a land fund invested by the State for auctioning land use rights, or to hand over to the winning investor for land use projects, including urban construction investment projects; urban and rural residential area improvement projects.

Only carry out commercial housing projects through agreements with residential land.

Regarding the types of land used for commercial housing projects through agreements on receiving land use rights or having land use rights in the draft, Mr. Thanh said that the Government's report continues to propose expanding the types of land used for commercial housing projects through the form of agreements on receiving land use rights for residential land or residential land and other land.

Implementing the conclusion of the National Assembly Standing Committee, the draft law remains as prescribed in the 2014 Housing Law, amended and supplemented in 2023.

Accordingly, commercial housing projects can only be implemented through agreements on receiving land use rights for residential land.