According to clause 1 Article 23 of 2014 Law on Housing (amended at Article 4 of Law No. 03/2022/QH15), enterprises are only granted approval of investment guidelines at the same time of approval of an investor of a commercial housing construction project when they have the land use right according to one of the following forms:
(i) Have residential land use right;
(ii) Have rights to use residential land and other types of land other than residential land permitted to be repurposed for executing investment project and
(iii) Receive transfer of residential land use right according to regulations of law on land for construction of commercial housing.
Accordingly, in case an enterprise receives the transfer (buys) land to execute a commercial housing construction project, it shall be only granted the approval of investment guidelines at the same time of approval of an investor of the commercial housing construction project when the whole land bought is residential land; it is not accepted bought land being mixed land (residential land and land other than residential land).
|Published||Vietlaw's Newsletter No. 580|