Vu Dang Hai Yen, Deputy Director General of the FLC Group, said that the Ministry of Construction’s draft amendment of Clause 1, Article 23 of the Housing Law is causing a conflict between the regulations, causing the investor worry.
The Ministry of Construction is consulting stakeholders on the draft law on amending and supplementing a number of articles of the Law on Construction, the Law on Housing, the Law on Real Estate Business, the Law on Urban Planning.
Remarkably, in this outline, the Ministry of Construction has amended and supplemented Item 1, Article 23 of the Housing Law in the direction of stipulating one of the forms of land use for the implementation of housing construction investment project. The use of legal land and other types of land allowed by competent state agencies to convert their land use purposes into residential land under the project may also be designated by the investor.
According to Mrs. Yen, the above amendment “is very significant in supporting enterprises to solve existing problems.”
However, Ms. Yen said that if only to amend and supplement Clause 1, Article 23, Clause 2, Article 22 still stipulates “To designate the investor in cases where the investor meets the prescribed conditions In Article 21 of this Law, having the lawful land use right “, it has not fully resolved the difficulty of the enterprise.
If, in accordance with the provisions of the Land Law 2013 (on the condition of receipt of agricultural land use right transfer for implementation of non-agricultural production and business investment projects), the transfer shall be guaranteed only Request “legitimate” when the investor has written approval of the competent state agency.
“This case will be no different to the chicken or egg story, because the law enforcement agency can completely ask for a written approval of the investment policy before permitting the transfer of land for project implementation.
In the meantime, if not approved by the competent state agency, it is impossible for an investor to be appointed as an investor to carry out the project. ” MS. Yen said.
Therefore, Ms. Yen suggested the drafting committee should consider further amendments to Article 22 of the Housing Law to create more favorable conditions for investors in the implementation of the project.
In addition to the above regulations, Deputy General Director of FLC Group also comments on the regulations related to the procedures for approval of investment policy implementation of housing projects.
In particular, Ms. Vu Dang Hai Yen said that at present, both the Law on Housing and the Law on Urban Planning, Decree 11/2013 / ND-CP all require investors to carry out investment approval procedures Implement the project at home before implementing the project. However, the regulations on jurisdiction in these two documents are different.
For example, the Law on Housing stipulates that the provincial People’s Committees shall decide on the investment policy for a project with a land use scale of between 20ha and under 100ha and a number of houses below 2,500 in non-urban areas; and projects with a land use scale of from 10 ha to less than 50 ha with a number of houses under 2,500 in urban areas, after consulting the People’s Councils of the same level.
At the same time, Decree 11/2013 / ND-CP stipulates that the provincial People’s Committees shall decide on investment policies for investment projects on the construction of new urban areas with a land use scale of between 20 ha and under 100 ha; and urban renewal projects with the land use scale of between 10ha and 50ha, after obtaining the written agreement of Ministry of Construction.
“Looking at the terminology, it is possible to understand that urban infrastructure projects in ‘urban areas’ and ‘new urban areas projects’ can be identified as ‘non-urban areas’. Thus, the same problem may have different interpretations and different ways of application between the Housing Law and the Urban Planning Law.
So, when implementing the procedure of approving investment policy of housing project will apply the Housing Law or Decree 11/2013 / ND-CP? And when does the Housing Law apply, when does Decree 11 apply? This is a very important thing to be clarified and the best is always recorded in the Law on Amendment of Housing Law, Urban Management Law this time, “she said.
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