Vietnam: Proposal to change conditions to put land use rights on the market

I know there is Draft of Law on Real Estate Business (amended). Thus, is there any change in the conditions to put land use rights on the market. - Thanh Nam (Cu Chi, Vietnam)


Vietnam: Proposal to change conditions to put land use rights on the market (Source: Internet)

1. Changes to the business conditions for land use rights

Pursuant to Article 30 of Vietnam's Draft Law on Real Estate Business (amended), the transfer or lease of land use rights must satisfy the following requirements:

- Having a certificate of land use rights, except for trading in land use rights with technical infrastructure in investment projects to build infrastructure, industrial parks, industrial clusters, export processing zones, technology parks, and other real estate projects.

(Clause 2, Article 9 of the current Law on Real Estate Business (2014) only stipulates that there is a certificate of land use right in accordance with the provisions of the law on land).

- There is no dispute over land use rights.

- The land use right is not constrained to secure judgment enforcement.

- During the land use period

- Outside the scope of defense and security protection according to master plans and plans on land use approved by competent state agencies. (Newly added)

- The transferee or leaser of land use rights with infrastructure must have a business line suitable to the investment project and the purpose of land use for the transfer or lease of land use rights with technical infrastructure. (Newly added)

2. Proposal on additional forms and conditions for trading in land use rights with technical infrastructure

2.1 Business forms of land use rights with technical infrastructure in real estate projects

Article 33 of Vietnam's Draft Law on Real Estate Business (amended) stipulates the following forms of trading in land use rights with technical infrastructure in real estate projects:

- Transfer of land use rights with technical infrastructure in real estate projects to households and individuals to build houses by themselves.

- Transfer of land use rights with technical infrastructure in real estate projects to organizations for investment in the construction of houses and construction works.

- Lease land use rights with technical infrastructure in infrastructure construction investment projects, industrial parks, industrial clusters, export processing zones, high-tech parks, or other real estate projects for organizations and individuals to use the land in accordance with the approved land use purposes and contents of the approved investment project.

2.2 Requirements for real estate projects when trading in land use rights with technical infrastructure

According to Article 34 of Vietnam's Draft Law on Real Estate Business (amended), real estate projects when trading in land use rights with technical infrastructure must meet the following requirements:

- Real estate projects that have completed the construction of essential service and technical infrastructure according to the 1/500 detailed construction plan or the approved total ground plan of the project. approval and quality assurance in accordance with the law on construction.

- Ensure connection with the common infrastructure system of the area first; ensure the provision of essential services including electricity supply, water supply, drainage, and waste collection.

- The transfer or lease of land use rights with technical infrastructure in the real estate project must be consistent with the project's business plan approved by a competent state agency.

- Meet the requirements specified in Clause 1, Article 12 of Vietnam's Draft Law on Real Estate Business (amended).

- The housing project must also meet the requirements specified in Clause 2, Article 12 of Vietnam's Draft Law on Real Estate Business (amended).

Nhu Mai

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