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Pilot implementation of commercial housing projects through land use rights agreements

Báo Tin TứcBáo Tin Tức13/12/2024

National Assembly Chairman Tran Thanh Man signed and issued Resolution No. 171/2024/QH15 of the National Assembly on piloting the implementation of commercial housing projects through agreements on receiving land use rights or having land use rights.
Photo caption

Commercial housing project for resettlement in X2 Dai Kim area, Hoang Mai district, Hanoi city. Illustration photo: Thanh Dat/VNA

This Resolution regulates the pilot implementation of commercial housing projects through agreements on receiving land use rights or having land use rights nationwide in the following cases: Projects of real estate business organizations receiving land use rights; Projects of real estate business organizations having land use rights; Projects of real estate business organizations having land use rights and receiving land use rights; Projects of real estate business organizations established by organizations using land to implement commercial housing projects on the area of ​​production and business establishments that must be relocated due to environmental pollution, establishments that must be relocated according to construction planning and urban planning. The implementation of commercial housing projects is not within the scope of this Resolution but is implemented in accordance with the provisions of the Land Law, including: Projects of real estate business organizations receiving land use rights; Projects of real estate business organizations having land use rights or land and other land. The agreement on receiving land use rights to implement a pilot project is implemented through the transfer of land use rights in accordance with the provisions of the law on land. In case the land area or plot of land for pilot implementation has land area managed by a State agency or organization but cannot be separated into an independent project, the land area managed by the State agency or organization shall be included in the total land area for project establishment and shall be recovered by the State to be allocated or leased to investors to implement the project without having to go through the form of auction of land use rights or bidding to select investors to implement the project using land. This Resolution applies to the following subjects: State agencies; real estate business organizations in accordance with the provisions of the law on real estate business; land users in accordance with the provisions of the Land Law.
Real estate business organizations shall exercise the rights and obligations of land users in accordance with the provisions of this Resolution and the provisions of the law on land; exercise the rights and obligations of real estate business organizations in accordance with the provisions of the law on land, housing, real estate business, investment and other relevant provisions of law. The Resolution shall take effect from April 1, 2025 and shall be implemented for 5 years. After the Resolution expires, real estate business organizations implementing pilot projects according to the progress recorded in the investment project shall continue to implement until the project is completed. The recipient of land use rights and ownership of assets attached to land in the pilot project shall have the rights and obligations of land users and owners of assets in accordance with the provisions of law. Source: https://baotintuc.vn/chinh-sach-va-cuoc-song/thi-diem-thuc-hien-du-an-nha-o-thuong-mai-thong-qua-thoa-thuan-nhan-quyen-su-dung-dat-20241212214806894.htm

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