NATIONAL
ASSEMBLY
--------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------
|
Resolution No. 171/2024/QH15
|
Hanoi,
November 30, 2024
|
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:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 15th
National Assembly of the Socialist Republic of Vietnam in the 8th
meeting on November 30, 2024.
ChairMAN of the National Assembly
Tran Thanh Man