Accordingly, it is proposed to allow other provinces and centrally-run cities to also pilot investment projects under BT contracts to ensure socio-economic efficiency, project quality, and not cause loss to the state budget.
In addition, other provinces and centrally-run cities are also allowed to approve investment policies for social housing projects. In cases where detailed planning and zoning planning are not consistent with the general planning, they are allowed to approve investment policies according to the general planning and indicators on land use coefficients or construction density according to the provisions of the law on social housing.
Permission to use land for social housing development includes cases prescribed by the current Housing Law or land with legal use rights in accordance with planning, land use plans, construction planning, and urban planning. Permission to approve planning and arrange social housing land funds in other locations of equivalent scale, outside the scope of commercial housing projects.
The investor is responsible for organizing the investment in building social housing at the planned swap location and fulfilling financial obligations regarding land for the swapped land fund in the commercial housing project, to resolve problems of social housing projects in the locality.
HoREA proposes many solutions for Resolution 98 to operate effectively
Regarding Resolution 98 on piloting a number of specific mechanisms and policies for the development of Ho Chi Minh City, HoREA has made a number of proposals to ensure the effective implementation of the Resolution, bringing it into life soon, creating substantial changes in all aspects for Ho Chi Minh City.
Specifically, the Resolution allows Ho Chi Minh City to apply BOT contracts to investment projects to upgrade, expand, and modernize existing road works... for example, the section of National Highway 13 from Binh Trieu Bridge to Binh Phuoc intersection (where Binh Duong Avenue is very open).
However, to avoid conflicts of interest between project investors and people and service users, HoREA proposes that the Ho Chi Minh City People's Committee will have solutions to implement the Resolution's requirements that investment projects in this form must ensure the rights of the people. The Ho Chi Minh City People's Council organizes supervision to ensure the rights of the people. The Ho Chi Minh City People's Committee fully and transparently implements information about the project to facilitate people's supervision.
The resolution allows the city to develop and promulgate a land price adjustment coefficient (coefficient K) to be applied in cases where the State allows the change of land use purpose for areas exceeding the limit of households and individuals or in cases where the State leases land and pays annual land rent to organizations and individuals. However, at present, due to some current legal regulations that do not ensure consistency and uniformity, the city's land price list has not collected complete, accurate market information, updated in real time, and has not yet built land prices for each plot of land, making it very difficult to implement.
Furthermore, the scope of application of coefficient K according to the Resolution has excluded the case of land use for investment projects in commercial housing construction, so in the process of providing comments on the draft Land Law (amended), HoREA proposed that the Ho Chi Minh City People's Committee continue to propose competent authorities to consider allowing the city to apply coefficient K to calculate land use fees and land rents for all land plots and land plots (regardless of the value calculated according to the land price list). If possible, it will "formulate" the calculation of land use fees and land rents for all projects using land, ensuring that there is no loss of State budget revenue, no loss of public assets such as land resources, and avoiding "legal risks" in the performance of official duties for officials, civil servants and related persons.
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