HoREA points out 3 “roundabout” steps to circumvent investor laws. Photo: Quoc Hai
Continuing to comment on the Draft Land Law (amended) sent to the National Assembly, the Ministry of Natural Resources and Environment, Ho Chi Minh City Real Estate Association (HoREA) assessed that investors can still “circumvent” the regulations. specified in Point b, Clause 1 and Clause 6, Article 128 of the Draft Land Law, by “taking a detour” to circumvent the law through 3 steps.
Step 1, the investor implements Clause 4, Article 128 of the Draft Land Law, which stipulates that “the state has a policy to encourage agreements on receiving land use rights specified in Clause 1 of this Article” to receive transfer of use rights. Use “other land” in urban areas or rural residential areas, carry out “investment, production, and business projects other than commercial housing projects” and this land is “adjacent” to the area. existing housing.
Step 2, the investor “buys” an additional house “adjacent” to the land that has been allowed to carry out “investment, production and business projects” to have “residential land”.
Step 3, the investor “combined” the land that has been allowed to carry out “investment, production and business projects” with the “residential land” of the existing “adjacent” house, then this investor meets the requirements. condition “must have the right to use residential land or residential land and other land” as prescribed in Clause 6, Article 128 of the Draft Land Law.
From there, the investor can propose to the competent state agency to “approve the investment policy at the same time as approve the investor” of the commercial housing project and automatically become the investor.
“The provisions in Point b, Clause 1 and Clause 6, Article 128 of the Draft Land Law not only fail to achieve the goal of enhancing the effectiveness and efficiency of state management of land, but also increase “costs”. comply with the laws” of society, but in reality, investors can still “take detours” to circumvent the law, assessed Mr. Le Hoang Chau, Chairman of HoREA.
In addition, according to HoREA, point a, clause 4, Article 128 of the Draft Land Law is not consistent with Resolution 18-NQ/TW, which advocates “implementing land allocation and land lease mainly through auction of land use rights.” , bidding for projects using land”.
Point a, Clause 4, Article 128 of the Draft Land Law is also inconsistent with the provisions in Article 126 on “land allocation and land lease through auction of land use rights”; Article 127 on “land allocation and land lease through bidding to select investors to implement investment projects using land”.
“Point a, Clause 4, Article 128 of the Draft Land Law can lead to loss of state budget revenue and loss of public assets, which are land resources,” Mr. Chau commented.
Therefore, HoREA proposes to amend and supplement point b, clause 1, point a, clause 4 and clause 6, Article 128 of the Draft Land Law (amended).
In addition, HoREA also proposed to amend and supplement point a, clause 4, Article 128 of the Draft Land Law in the direction of assigning the Government to detail the handling of cases “in the land area implementing development projects”. socio-economic development through agreements on receiving land use rights or having land use rights with land areas managed by the State”.
