Pilot implementation of commercial housing projects through agreements on land use rights

Pilot cases

This Resolution provides for pilot implementation of commercial housing projects through agreements on receiving land use rights or having land use rights nationwide in the following cases:

a- Project of real estate business organization receiving land use rights.

b- Projects of real estate business organizations that have land use rights;

c- Projects of real estate business organizations that have land use rights and receive land use rights;

d- Projects of real estate business organizations are established by organizations using land to carry out commercial housing projects on the area of ​​production and business establishments that must be relocated due to environmental pollution, or establishments that must be relocated according to construction planning and urban planning.

The Resolution clearly states: The implementation of commercial housing projects is not within the scope of this Resolution but is carried out in accordance with the provisions of the Land Law, including: Projects of real estate business organizations receiving the right to use residential land; projects of real estate business organizations that have the right to use residential land or residential land and other land.

The agreement on receiving land use rights to implement a pilot project is implemented through the transfer of land use rights in accordance with the provisions of the law on land. In case the land area or plot of land for pilot implementation has land area managed by a State agency or organization but cannot be separated into an independent project, the land area managed by a State agency or organization shall be included in the total land area for project establishment and shall be recovered by the State to be allocated or leased to investors to implement the project without having to go through the form of auction of land use rights or bidding to select investors to implement projects using land.

Conditions for implementing the pilot project

The Resolution states that the implementation of the pilot project must meet the following conditions:

- The scope of the land area and land plot for project implementation must comply with the district-level land use planning or construction planning and urban planning;

- The scope of the land and plot of land for project implementation is consistent with the approved local housing development program and plan;

- The scope of the land area and land plot for project implementation is included in the list of land areas planned to implement the pilot project approved by the Provincial People's Council according to regulations;

- There is a written approval from the Provincial People's Committee on the agreement to receive land use rights to implement the pilot project for the cases specified in Point a and Point c above;

- Real estate business organizations must satisfy the conditions prescribed by law on land, housing, real estate business, investment and other relevant legal provisions.

The Resolution also clearly states: In the case of using planned defense land and security land areas removed from defense land and security land to implement pilot projects, the above conditions must be met and there must be written approval from the Ministry of National Defense for defense land and the Ministry of Public Security for security land.

Also according to the Resolution, real estate business organizations implementing pilot projects that meet the above conditions are allowed to receive land use rights transfer and change land use purposes for one, some or the following types of land to implement the pilot project: Agricultural land; non-agricultural land other than residential land; residential land and other land in the same plot of land in the case of agreement on receiving land use rights.

Criteria for selecting pilot projects

The Resolution stipulates that the selection of pilot projects must meet the following criteria:

i) Carried out in urban areas or areas planned for urban development;

ii) The total residential land area in pilot projects (including existing residential land and land expected to change its land use purpose to residential land) shall not exceed 30% of the additional residential land area during the planning period (compared to the current status of residential land use) according to the approved land allocation and zoning plan in the provincial planning for the period 2021 - 2030;

iii) Not included in the projects specified in Clause 4, Article 67 of the Land Law;

iv) For the case specified in Point a above, the land area for implementing the pilot project must not be on the list of works and projects requiring land recovery approved by the Provincial People's Council according to the provisions of Clause 5, Article 72 of the Land Law.

The Resolution clearly states: The Provincial People's Committee shall submit to the Provincial People's Council for approval the list of land areas planned to implement the pilot project at the same time as approving the list of works and projects requiring land recovery according to the provisions of Clause 5, Article 72 of the Land Law.

For the area of ​​national defense and security land that has been planned to be removed from national defense and security land and meets the prescribed conditions but has not been handed over to local management, priority will be given to the Ministry of National Defense and the Ministry of Public Security to organize the implementation of pilot projects to prioritize sales, leases, and hire-purchases for officers and soldiers of the armed forces according to the provisions of law.

The implementation of arrangement and handling of public assets such as national defense land, security land, assets on national defense land and security land prescribed in this clause shall be implemented as prescribed in Clause 3, Article 83 of the Land Law.

The Resolution takes effect from April 1, 2025 and will be implemented for 5 years.

After the Resolution expires, real estate business organizations implementing pilot projects according to the progress recorded in the investment project may continue to implement until the project is completed.

The recipient of land use rights and property ownership rights attached to land in the pilot project has the rights and obligations of land users and property owners according to the provisions of law./.