Resolution No. 171/2024/QH15 dated November 30, 2024 on execution of pilot commercial housing projects via agreements on receipt of land use rights or while having land use rights

RESOLUTION

On execution of pilot commercial housing projects via agreements on receipt of land use rights or while having land use rights

THE NATIONAL ASSEMBLY

Pursuant to Constitution of the Socialist Republic of Vietnam;

Pursuant to Law on promulgation of legislative documents No. 80/2015/QH13 amended or supplemented by Law No. 63/2020/QH14;

HEREBY RESOLVES:

Article 1. Governing scope

1. This Resolution provides for nationwide execution of pilot commercial housing projects via agreements on receipt of land use rights or while having land use rights (hereinafter referred to as “pilot projects”) in the following cases:

a) Projects executed by real estate businesses that have received land use rights;

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

c) Projects executed by real estate businesses that are currently holding land use rights and have received land use rights;

d) Projects of real estate businesses that are established by organizations currently using the land to execute projects to built commercial housing on the area of production and business facilities that must be relocated due to environmental pollution and facilities that must be relocated according to construction planning and urban planning.

2. The commercial housing projects that are not within the regulated scope of this Resolution but are executed according to the provisions of the Land Law include:

a) Projects executed by real estate businesses that have received homestead land use rights;

b) Projects executed by real estate businesses that are currently holding homestead land use rights and other land.

3. The receipt of land use rights for execution of pilot projects shall be agreed through the disposition of land use rights in accordance with land laws. In cases where the area of land within the land zone or land parcel designated for the pilot execution is managed by state agencies or organizations but cannot be separated to be used for execution of an independent project, the area of land managed by state agencies or organizations shall be included in the total land area for the project development and repossessed by the State to be allocated or leased to investors for the project execution without through land use right auctions, without bidding for selecting investors for execution of land-based projects.

Article 2. Regulated entities

1. This Resolution is not applicable to the following entities:

a) State agencies;

b) Real estate businesses in accordance with real estate business laws;

c) Land users in accordance with the provisions of the Land Law.

2. The real estate businesses specified in point b clause 1 of this Article shall exercise their rights and fulfill obligations of land users according to the provisions of this Resolution and land laws; exercise rights and fulfill obligations of real estate businesses in accordance with land laws, housing laws, real estate business laws and other related laws.

Article 3. Requirements for execution of pilot projects

1. Requirements for execution of a pilot project:

a) The scope of the land zone or land parcel designated for the project execution is in accordance with the district-level land use planning or the construction planning/urban planning;

b) The scope of the land zone or land parcel designated for the project execution is in accordance with the approved local housing development program or plan;

c) The land zone or land parcel designated for the project execution is included in the list of land zones planned for the pilot project execution that is approved by the provincial People's Council in accordance with the provisions of Clause 2, Article 4 of this Resolution;

d) There is an written approval granted by the provincial People's Committee for the agreement to receive land use rights to execute the pilot project, for the cases specified in points a and c clause 1 Article 1 of this Resolution;

dd) The real estate business must satisfy requirements in accordance with land laws, housing laws, real estate business laws, investment laws and other related laws.

2. In cases where the area of defense land or security land that has been re-purposed under the land use planning is used for execution of the pilot project, the requirements specified in clause 1 of this Article must be satisfied, and there must be a written approval granted by the Ministry of National Defense for the defense land or granted by the Ministry of Public Security for the security land.

3. Any real estate business executing a pilot project that meets the requirements specified in clause 1 and clause 2 of this Article may receive land use rights through disposition or repurpose land for execution of the pilot project, for one, some or the following types of land:

a) Agricultural land;

b) Non-agricultural land, excluding homestead land;

c) Homestead land and other land within the same land parcel in cases of agreements to receive land use rights.

Article 4. Criteria for selection of pilot projects

1. Criteria for selection of pilot projects:

a) The projects are executed in urban areas or in zones designated for urban development;

b) The total area of homestead land in the pilot projects (including existing homestead land and land proposed for conversion to homestead land) does not exceed 30% of the additional homestead land area in the planning period (compared to the current status of homestead land use) according to the approved land allocation and zoning plan in the provincial planning period 2021 – 2030;

c) Pilot project must not be included in the projects specified in clause 4 Article 67 of the Land Law;

d) In the cases specified in point a clause 1 Article 1 of this Resolution, the land zones designated for the pilot project execution must not be included in the lists of works and projects for which land repossession is required, which are approved by the provincial People's Councils in accordance with the provisions of clause 5 Article 72 of the Land Law.

2. The Provincial People's Committees shall propose approval for the lists of land zones designated for pilot project execution as well as the lists of works and projects for which the land repossession is required in accordance with the provisions of clause 5 Article 72 of the Land Law to the provincial People's Councils.

3. In case the area of defense land or security land that has been re-purposed under the land use planning meets the requirements specified in clause 2 Article 3 of this Resolution but is not handed over to local authorities for management, the Ministry of National Defense or the Ministry of Public Security will be given priority to organize the sale, lease, or lease purchase, for officials and soldiers of the armed forces in accordance with the law.

The nationwide disposal of public property that is security land, defense or property on such land specified in this clause shall comply with the provisions of clause 3 Article 83 of the Land Law.

Article 5. Implementation

1. The National Assembly, the Standing Committee of National Assembly, Vietnamese Fatherland Front and its members, Ethnic Minority Council, Committees of the National Assembly, Delegations of the National Assembly, members of the National Assembly, the People's Councils at all levels shall, within the ambit of their duties and powers, supervise the implementation of this Resolution.

2. The Government shall elaborate this Resolution.

3. The Government, Ministries, ministerial agencies, other central authorities and local governments shall emphasize their responsibilities, particularly the responsibility of leaders in directing and organizing the implementation of the contents and policies stipulated in this Resolution, ensuring transparency, effectiveness, feasibility and progress; and preventing the exploitation of policies, losses, and waste.

4. The Government is responsible for directing related ministries and ministerial agencies, within the ambit of their duties and powers, to organize the implementation, monitoring and inspection of this Resolution; to review the execution of the Resolution after three years in 2028 and to summarize the execution after five years to report to the National Assembly at the last session of 2030.

5. The People's Councils, the People’s Committees of provinces and central-affiliated cities are responsible for organizing the implementation of the Resolution within their areas. The People’s Committees of provinces and central-affiliated cities are responsible for reporting the annual implementation results to the Government before December 31 during the pilot execution period; reporting preliminary results of the execution after three years at their local areas before January 31, 2028; and reporting final results of the execution after five years at their local areas before January 31, 2030 to the Government.

Article 6. Implementation clauses

1. This Resolution comes into force from April 01, 2025 and is applicable within 05 years.

2. After this Resolution expires, the real estate business that is implementing a pilot project according to the schedule stated in an investment project may continue to execute the project until its completion. The recipient of land use rights and ownership of property affixed to the land in the pilot project has the rights and obligations of land users and property owners as prescribed by law.

This Resolution is approved by the 15^th National Assembly of the Socialist Republic of Vietnam in the 8^th meeting on November 30, 2024.