HoREA recommends keeping important regulations in the 2024 Land Law

The Ho Chi Minh City Real Estate Association (HoREA) has just sent a document with comments and proposals to retain and supplement some important contents in the Draft Land Law 2024 to remove practical obstacles and turn land resources into a driving force for socio -economic development.

Proposal to remove obstacles in Land Law 2024

HoREA Chairman Le Hoang Chau highly appreciated the new points of the draft, including the additional provision in Clause 34, Article 79, allowing the State to reclaim the remaining land if the investor has agreed on 75% of the area or the number of land users in the socio-economic development project.

According to Mr. Chau, over the years, many projects have fallen into a state of "unfinished, leopard skin" because they could not negotiate the remaining land, causing waste and burying capital. HoREA proposed adding the condition "agreed on 50% of the land area" to increase the responsibility of investors, avoiding the situation where the land clearance rate is too low.

Another notable point is related to Articles 159 and 160 on land price tables and land price adjustment coefficients. According to the draft, the land price table will be developed periodically every 5 years, applied from January 1 of the first year of the period and can be adjusted during the year when necessary. HoREA believes that this is a step of "innovative thinking", helping the State proactively determine land prices in the primary market, avoiding the situation of "following the market".

The association also proposed to encourage the application of the surplus method for special land areas such as sea reclamation projects or new urban areas, where the comparison method or adjustment coefficient cannot be used. This method is expected to shorten procedures, reduce costs, eliminate the "ask - give" mechanism and help investors predict land use costs.

Proposal to retain 2 contents in the draft Land Law 2024

Notably, HoREA proposed to retain two important contents that appeared in the draft dated July 28, 2025 but were withdrawn from the new version.

First, amend clauses 1, 3, 6 of Article 127 (clause 31 of the old draft) to allow investors to receive the right to use residential land or other types of land to implement commercial housing projects. HoREA believes that if not legalized, it will create a "legal gap" and limit fair access to land. Because the law only allows receiving "residential land" with a maximum limit of 400m², which is unreasonable for large projects of hundreds of hectares, causing businesses to only be able to implement small projects, making it difficult to renovate old urban areas.

According to HoREA, this proposal is consistent with Resolution 66-NQ/TW of the Politburo and is accompanied by an amendment to Article 122 to ensure conditions for land allocation and lease are close to reality.

Second, amend Point d, Clause 2, Article 257 (Clause 62 of the old draft) to abolish the regulation on additional payment of land use fees and land rent for the uncalculated period at the rate of 5.4%/year in Decree 103/2024/ND-CP. HoREA believes that this regulation goes against Clause 2, Article 55 of the Law on Promulgation of Documents, when applying new legal responsibilities to past acts. Previous Land Laws did not have this content, so the application is considered a "new responsibility" for old acts. HoREA recommends reducing it to 0.5%/year because land valuation is the right of the State, there is no "mixed error" from the enterprise.

In addition, HoREA also proposed to add "foreign individuals" to the land users (Clause 8, Article 4 and Point h, Clause 1, Article 28) to synchronize with the Housing Law 2023; retain the amendment of Clause 10, Article 13 and Clause 2, Article 94 on the coefficient of infrastructure cost deduction and compensation; add a mechanism for cost reimbursement according to the land price list when agreeing to receive land use rights. According to HoREA, although enterprises may suffer a loss of 30-40% of costs, in return, it will shorten procedures and create transparency in project implementation.

Source: https://nld.com.vn/horea-kien-nghi-giu-nhieu-quy-dinh-quan-trong-trong-luat-dat-dai-2024-196250813084244527.htm