Môi giới chuyên nghiệp
Đăng xuất
|
GOVERNMENT OF
VIETNAM |
SOCIALIST
REPUBLIC OF VIETNAM |
|
No. 75/2025/ND-CP |
Hanoi, April 01, 2025 |
Pursuant to the Law on Government Organization dated February 18, 2025;
Pursuant to the Land Law dated January 18, 2024; the Law on amendments to the Land Law No. 31/2024/QH15, the Law on Housing No. 27/2023/QH15, the Law on Real Estate Business No. 29/2023/QH15 and the Law on Credit Institutions No. 32/2024/QH15 dated June 29, 2024;
Pursuant to the Resolution No. 171/2024/QH15 dated November 30, 2024 of the National Assembly on execution of pilot commercial housing projects via agreements on receipt of land use rights or while having land use rights;
At the request of the Minister of Agriculture and Environment;
The Government hereby promulgates a Decree elaborating Resolution No. 171/2024/QH15 dated November 30, 2024 of the National Assembly on execution of pilot commercial housing projects via agreements on receipt of land use rights or while having land use rights.
This Decree elaborates clause 1 Article 1, clause 2, clause 3 Article 3, clause 2, clause 3 Article 4, and Article 5 of Resolution No. 171/2024/QH15 dated November 30, 2024 of the National Assembly on execution of pilot commercial housing projects via agreements on receipt of land use rights or while having land use rights (hereinafter referred to as "Resolution No. 171/2024/QH15”).
1. This Decree 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 Land Law.
2. Real estate businesses specified in point b clause 1 of this Article shall exercise rights and obligations as prescribed in clause 2 Article 2 of Resolution No. 171/2024/QH15.
1. “land zone designated for the project execution” means the specific area of land, with its boundaries delineated based on the land use planning map or the construction planning/urban planning map, including: one or more parcels of land, one or more parcels of land and a portion of these parcels, a portion of multiple parcels of land.
2. Real estate businesses that are holding land use rights specified in points b, c and d clause 1 Article 1 of Resolution No. 171/2024/QH15 include:
a) Organizations that currently use land and have been granted Certificates of LURs, Certificates of home ownership and homestead land use rights, Certificates of home ownership, Certificates of ownership of construction works, Certificates of LURs, ownership of housing and other property affixed to land, Certificates of LURs and ownership of property affixed to land (hereinafter referred to as “Certificates”);
b) Organizations that are stably using land allocated or leased out by the State but have not been granted Certificates;
c) Organizations that use land received by disposition of LURs, purchase of property, capital contribution with property affixed to land of eligible land users (eligible for disposition of LURs, purchase of property, capital contribution with property affixed to land as prescribed by law) but have not been granted Certificates.
ELABORATION OF THE EXECUTION OF PILOT PROJECTS
1. Provincial land authorities shall issue notices of the registration of demands for execution of pilot projects according to the provisions of Resolution No. 171/2024/QH15, specifying the time limits for registration and registration contents using Form No. 01 in the Appendix enclosed herewith. The notices shall be posted on the web portals and websites of the Provincial People's Committees, provincial land authorities.
2. An organization wishing to execute a pilot project shall submit 01 application to a provincial land authority, including:
a) Application form made using the Form No. 02 provided in the Appendix enclosed herewith;
b) Copy of one of documentation concerning the organization currently holding land use rights specified in clause 2 Article 3 of this Decree, in cases of currently holding land use rights;
c) Extract of the map or diagram indicating the proposed location of land designated for the pilot project execution.
3. The application specified in clause 2 of this Article shall be submitted in one of the following forms:
a) submitting the application directly to the One-stop Division of the province-level People’s Committee according to regulations on receiving applications and giving results of handling administrative procedures;
b) submitting the application via a public postal service;
c) submitting the application on the national web portal or the provincial web portal or information system serving the handling of provincial administrative procedures.
4. For projects given priority over the execution by the Ministry of National Defense or the Ministry of Public Security as prescribed in clause 3 Article 4 of Resolution No. 171/2024/QH15, the Ministry of National Defense or the Ministry of Public Security shall:
a) Review and make a list of land zones designated for the pilot project execution;
b) Select a real estate business to execute the pilot project;
c) Send the list of the land zones designated for the pilot project execution and the selected real estate business to the provincial People’s Committee to direct the provincial land authority to consolidate and include the list into the List of land zones reserved for the pilot project execution.
5. Within 15 days after the registration period expires as prescribed in clause 1 of this Article, the provincial land authority shall, based on the provisions of point a and point b clause 1 Article 3, clause 1 Article 4 of Resolution No. 171/2024/QH15 and clause 6 of this Article, review and evaluate the requirements and criteria of land zones proposed for the pilot project execution; prepare the List of land zones reserved for the pilot project execution and submit it to the Provincial People’s Committee.
In cases where multiple organizations propose the execution of the pilot project on the same land zone, the organization that is currently holding land use rights shall be given priority. In cases where multiple organizations under agreement to receive land use rights propose the execution of the pilot project on the same land zone, the organization that firstly submitted the application shall be given priority.
6. After consolidation in accordance with the provisions of clause 5 of this Article, if the total homestead land area registered for the pilot project execution exceeds 30% as prescribed in point b clause 1 Article 4 of Resolution No. 171/2024/QH15, land zones for the pilot project execution shall be selected in the following order of priority:
a) The project executed by the real estate business that has been granted investment guideline approval or has been granted permission in writing by a competent state agency for executing the project in cases where the real estate business is eligible for receiving land use rights or currently holding land use rights before the effective date of Resolution No. 171/2024/QH15;
b) The project given priority over the execution by the Ministry of National Defense or the Ministry of Public Security;
c) The project executed within the area of production and business facilities that must be relocated due to environmental pollution and/or facilities that must be relocated according to construction planning or urban planning;
d) The project proposed by the organization that is currently holding land use rights;
dd) The project executed by the organization that wishes to receive land use rights.
7. In cases where multiple pilot projects have the same priority specified in clause 6 of this Article are selected, the project aiming to urban renovation and urban beautification shall be given the first priority. After considering the criterion for determining project aiming to urban renovation and beautification but the total homestead land area registered for the pilot project execution still exceeds 30% as prescribed in point b clause 1 Article 4 of Resolution No. 171/2024/QH15, the project executed by the organization that submitted the application first shall be given priority.
8. The documentation for issuance of the List of land zones reserved for the pilot project execution, including:
a) Proposal of the provincial land authority for the issuance of the List of land zones reserved for the pilot project execution;
b) Draft proposal submitted by the Provincial People’s Committee to the Provincial People's Council for issuance of the List of land zones reserved for the pilot project execution;
c) Draft Resolution of the Provincial People's Council enclosed with the List of land zones reserved for the pilot project execution, including the following contents:
Name, address of the organization registering for the project execution;
Total area, location of the land zone designated for the project execution (enclosed with the diagram indicating the location and boundaries of the land zone shown on the district-level land use planning map or construction planning map or urban planning map); including the area of land types that must be repurposed for execution of the pilot project, including the area of rice cultivation land, dedicated forest land, protective forest land, and production forest land;
Total estimated investment;
Deadline, project implementation schedule;
Other relevant content (if any);
d) The consolidated report, which includes the content: Compilation of proposals for land zones reserved for the pilot project execution; analysis and proposal regarding the order of priority according to the provisions in Clause 6 and Clause 7 of this Article;
dd) Draft document made by the Provincial People's Committee concerning consultation with the Ministry of National Defense about national defense land or with the Ministry of Public Security about security land in cases where the area of defense land or security land that has been re-purposed for execution of the pilot project under the land use planning but the project execution is not organized by the Ministry of National Defense or the Ministry of Public Security;
e) Draft Notice of the Provincial People's Committee regarding the approval for the real estate business to implement the pilot project;
g) The list of cases where proposals to include land zones into the List of real estate businesses are rejected and reasons for the rejection.
9. For cases specified in point dd clause 8 of this Article, the Provincial People’s Committee shall consult with the Ministry of National Defense or the Ministry of Public Security before proposing approval for the Resolution issuing the List of land zones reserved for the pilot project execution to the People's Council at the same level.
10. The Provincial People’s Committee shall propose approval for the Resolution issuing the List of land zones reserved for the pilot project execution to the People's Council at the same level according to the provisions of clause 2 Article 4 of Resolution No. 171/2024/QH15. Documentation for issuance of the List includes an application form and the documents specified in point c and point d clause 8 and clause 9 of this Article.
11. The Provincial People's Council shall consider simultaneously approving the List of land zones reserved for the pilot project execution together with approving the List of works and projects that require land repossession; in cases where the Provincial People's Council has approved the List of works and projects that require land repossession as prescribed in clause 5 Article 72 of the Land Law and the List of land zones reserved for the pilot project execution in different points, the Provincial People’s Committee shall submit the List of land zones reserved for the pilot project execution to the People's Council at the same level to consider whether to approve it; during the consideration for approval, the area of land types within the pilot project that must be repurposed including the area of rice cultivation land, dedicated forest land, protective forest land, and production forest land shall be determined.
12. After the Provincial People's Council approves the List of land zones reserved for the pilot project execution, the Provincial People’s Committee shall perform the following tasks:
a) Publish the List of land zones reserved for the pilot project execution on the web portal of the Provincial People’s Committee, post it publicly on the web portal or website of the provincial land authority. The publication must be completed within 03 working days from the day on which the Provincial People's Council signs the decision to issue the List.
b) Issue a notice on approval for the real estate business to execute the pilot project using Form No. 03 in the Appendix enclosed herewith and direct the provincial land authority to announce the list of projects unqualified for inclusion into the List of land zones reserved for the pilot project execution. The notification must be made within 05 working days from the day on which the List of land zones reserved for the pilot project execution is announced/published.
13. After the Provincial People's Council approves the List of land zones reserved for the pilot project execution, if there are real estate businesses proposing land zones that satisfy the provisions in clause 1 Article 4 of Resolution No. 171/2024/QH15, the provincial land authority shall continue to comply with the provisions of this Article to propose the addition of land zones to the List of land zones reserved for the pilot project execution.
After the provincial People's Committee publishes the List of land zones reserved for a pilot project execution, the real estate business selected by the Ministry of Defense or the Ministry of Public Security to execute the pilot project is responsible for preparing the pilot project in accordance with investment laws, housing laws, real estate business laws, and relevant laws to propose approval for both investment guidelines and investor in the project in accordance with the provisions in point d, clause 4, Article 29 and Articles 30, 31, and 32 of the Law on Investment by a competent authority.
Article 6. Implementing agreements on receipt of land use rights
1. After receiving a notice of approval for the organization to execute the pilot project, the real estate business shall execute an agreement to receive land use rights with the land user in accordance with civil laws and land laws. In the case where the land zone designated for the pilot project execution includes the land area managed by an agency or organization under the State’s management, the handling of which shall comply with the provisions of Article 59 of Decree No. 102/2024/ND-CP.
2. In the case where the investor cannot reach an agreement with the land user, the handling of which shall comply with the provisions of point a and point b clause 2, point a clause 3 Article 61 of Decree No. 102/2024/ND-CP.
3. The implementation of policies on encouraging conclusion of agreements to receive land use rights to execute pilot projects shall comply with the provisions of Article 62 of Decree No. 102/2024/ND-CP.
4. Real estate businesses may register the change of land and be issued with Certificates in cases of land types received by disposition in accordance with laws or after completing both receipt of land use rights by disposition of the entire project and the procedures for land repurposing in accordance with land laws.
1. A real estate business that is currently holding land use rights or is established according to the provisions of point d clause 1 Article 1 of Resolution No. 171/2024/QH15 or is eligible for executing the pilot project after completing the agreement to receive land use rights and the agreed land area portion shall follow the procedures for approval for both investment guidelines and investor in the pilot project according to the provisions of point d clause 4 Article 29 and Articles 30, 31 and 32 of the Law on Investment.
2. The real estate business shall, after being granted approval for both investment guidelines and investor, carry out other procedures for execution of the pilot project according to investment laws, construction laws, housing laws, real estate business laws, land laws and other related laws.
3. For the project of a real estate business that has been granted a valid approval for both investment guidelines and investor or has been granted a valid written permission by the competent state agency related to procedures for investment, construction, planning and other procedures for execution of the pilot project in cases where the real estate business is eligible for receiving land use rights or currently holding land use rights before the effective date of Resolution No. 171/2024/QH15, it is not required to re-follow procedures or re-obtain such existing documents.
For the project for which approval for investment guidelines has been granted but approval for investor has not been granted, in the step of granting approval for both investment guidelines and investor specified in Article 5 of this Decree and clause 1 of this Article, the competent authority shall only grant approval for the investor.
Article 8. Following land-related procedures for pilot project execution
1. After the investment guidelines of a pilot project are approved, the procedures for land repossession, land allocation, land lease, land repurposing, signing of land lease contracts, land registration, and issuance of land use right certificates shall comply with the applicable land laws.
a) In case land use rights are being given to the real estate business that has been granted approval for both investment guidelines and investor, it is required to follow the procedures for repurposing the land area that requires repurposing;
b) In case the organization that currently uses land has an investment contribution, joint venture, association agreement for establishing a project enterprise but the disposition of land use rights is not permitted, the land shall be returned to the State and the State will repossess such land and allocate or lease out such land to the enterprise established for the project execution; the organization that currently uses land shall not be granted compensation for property on that land when the State repossesses that land. In case the disposition of land use rights is permitted, it is required to follow procedures for transfer of land use rights to the enterprise established for the project execution;
c) In case no certificate is granted for the land used for the execution of a project of a real estate business established by organizations currently using land to execute a commercial housing project prior to the effective date of this Decree, or a pilot project as stipulated in this Decree on the land area of production and business facilities that must be relocated due to environmental pollution, or on the land area of facilities that must be relocated according to construction planning or urban planning, if no certificate is granted for the land used for the project execution, the organization that must be relocated shall return the land to the State, and then the State will repossess and allocate or lease out the land to the real estate business established by the organization that must be relocated for the project execution.
In case organizations that must be relocated have contributed LURs as capital to the real estate business according to land laws, the real estate business shall repurpose the land as per regulations.
2. The determination of land prices, fulfillment of land-related financial obligations to a pilot project shall comply with land laws, tax, fee and charge laws and other related laws.
In case the Ministry of Public Security or the Ministry of National Defense organizes execution of a pilot project after a real estate business has previously fulfilled land-related financial obligations or has made advance payments related to such project according to the guidelines of the Ministry of National Defense and the Ministry of Public Security to serve the relocation of real estate units prior to the effective date of Resolution No. 171/2024/QH15, the Ministry of National Defense and the Ministry of Public Security shall issue a conformation and take responsibility for the contents of the confirmation of reasonable expenses incurred by the real estate business, which will serve as the basis for the competent state agency to offset these expenses against the land-related financial obligations and other expenses related to the pilot project payable by the real estate business to the State as prescribed by law.
1. The Provincial People's Councils are responsible for performing the tasks specified in Resolution No. 171/2024/QH15 and this Decree, supervising the organization of implementation in provinces.
2. The Provincial People’s Committees shall:
a) Perform the tasks specified in this Decree;
b) Direct provincial land authorities and related authorities to follow procedures concerning land, housing, investment, construction and real estate business and other laws related to pilot projects in a timely manner and in accordance with the law;
c) Submit annual reports, three-year interim reports, and five-year summaries to the Government in accordance with the provisions of Clause 5, Article 5 of Resolution No. 171/2024/QH15, and send reports to the Ministry of Agriculture and Environment for consolidation.
3. The Ministry of Defense and the Ministry of Public Security are responsible for:
a) Performing the tasks specified in this Decree;
b) Submitting annual reports on the implementation results before December 31 during the pilot implementation period; 3-year interim reports before January 31, 2028; 5-year summaries before January 31, 2030 to the Ministry of Agriculture and Environment for consolidating and reporting to the Government;
c) Cooperating with the Ministry of Agriculture and Environment in conducting preliminary reviews after 03 years and final reviews after 05 years as stipulated in Clause 4, Article 5 of Resolution No. 171/2024/QH15.
4. The Ministry of Agriculture and Environment is responsible for:
a) Monitoring, guiding, inspecting the implementation of land-related procedures for pilot projects;
b) Playing the leading role in conducting interim reviews after 3 years and final reviews after 5 years in accordance with Clause 4, Article 5 of Resolution No. 171/2024/QH15; consolidating and reporting to the Government and the National Assembly within the stipulated timeframe.
5. The relevant ministries and central authorities, within the their jurisdiction, are responsible for monitoring, guiding, checking, and inspecting the implementation of related procedures for pilot projects; cooperating with the Ministry of Agriculture and Environment in conducting preliminary reviews after 03 years and final reviews after 05 years in accordance with the provisions in Clause 4 of Article
5 of Resolution No. 20/2022/UBTVQH15.
6. Real estate businesses are responsible for:
a) Implementing pilot projects in accordance with the law; fulfilling the responsibilities of the project developers in pilot projects, including responsibilities to fulfill obligations to social housing as per the provisions of the law on housing;
b) Promptly submitting reports to the provincial People's Committees on difficulties encountered during the implementation of pilot projects for guidance, support, and resolution.
Article 10. Implementation clauses
1. This Decree takes effect from April 01, 2025 to the end of March 31, 2030.
2. In case the legislative documents referred to this Decree are amended or replaced, the newest document shall be applied.
3. In the event that the conditions, criteria, and information related to the execution of pilot projects are affected or changed due to the rearrangement of administrative divisions at all levels, the newly established administrative divisions shall inherit the conditions, criteria, and information from the old administrative divisions for the pilot project execution.
4. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees at all levels and other relevant organizations and individuals are responsible for the implementation of this Decree.
|
|
ON BEHALF OF
THE GOVERNMENT OF VIETNAM |
