Proposal to allow investors to acquire land use rights transfers to develop commercial housing projects

DNHN - Dr Nguyen Dinh Bong, Vice Chairman of the Vietnam Soil Science Association, urged allowing investors to receive the transfer of land use rights to build commercial housing projects at the recent "Social Criticism Conference" sponsored by the Central Committee of the Vietnam Fatherland Front.

According to Dr Nguyen Dinh Bong, there are two sorts of viewpoints in the proposed updated Land Law on the question of State recovery of land for socio-economic development in national and public interests.

The majority of comments supporting the draft stated that it is important to clarify instances in which land is recovered for auction or bidding to prevent access to land that is not recovered for auction or bidding.

It is advised that land acquisition be considered for the building of urban and commercial housing projects, which must be properly examined and considered to safeguard the interests of land users. It is feasible to assign the investor to achieve an agreement with the land user in accepting the transfer, modifying the land use purpose to implement the project, and should restrict land purchase implementation to prevent lawsuits regarding the property.

Mr Bong agreed with the proposal that particular circumstances of land recovery for auction and bidding for urban and commercial housing developments be specified.

Mr Bong, on the other hand, recommended excluding urban areas and commercial buildings from the list of works supporting the community (Clause 2, point h, Article 70 of the draft revised Land Law). Because urban developments and commercial dwellings do not fully embody the phrase "for the public national interest."

According to the Vice Chairman of the Vietnam Soil Science Association, the majority of opinions agreed on the draft law on the process of self-agreement to receive the transfer of land use rights for the construction of urban and commercial housing projects.

That is, investors are not permitted to negotiate and change the purpose of land use to implement urban and commercial housing projects to institutionalize Resolution No. 18-NQ/TW "to implement land allocation and land lease primarily through the auction of land use rights, bidding for projects utilizing land; restrict and strictly regulate cases of land allocation and land lease primarily through the auction of land use rights, bidding for projects utilizing land, ensuring publicity and transparency."

However, there is a proposal to allow investors to negotiate and change land use purposes for project implementation, including urban and commercial housing projects, to institutionalize Resolution No. 18-NQ/TW and continue implementing the self-agreement mechanism between people and businesses in the transfer of land use rights to implement urban and commercial housing projects.

"I recommend that investors agree to accept the transfer of land use rights to carry out urban investment projects and commercial dwellings in line with authorized planning by the competent authorities." These initiatives are not subject to land acquisition for socioeconomic development in the public interest," Mr Bong noted.

Ha Anh