On April 1, 2025, the Government issued Decree No. 75/2025/ND-CP detailing the implementation of Resolution No. 171/2024/QH15 dated November 30, 2024, by the National Assembly ("Resolution 171") on the pilot implementation of commercial housing projects through agreements on land use rights or currently held land use rights ("Decree 75"). The main contents in Decree 75 that real estate project investors need to pay attention to are as follows:
1. Real estate enterprises wishing to implement pilot projects must register with state authorities
1.1 Registration according to the notice of provincial-level land management authorities:
+ Based on the notice regarding the registration of pilot project implementation needs under Resolution 171, real estate enterprises wishing to participate must prepare documents and submit registrations within the time limit specified in the notice.
+ After being approved by the local People's Council, the provincial People's Committee will announce the list of land plots planned for the pilot projects and issue a notice approving real estate enterprises to implement pilot projects.
1.2 Proposals for additions after the provincial People's Council approves the list of land plots planned for pilot projects: The file, procedures, and process for proposing and approving additional land plots for pilot projects will be carried out similarly to the registration process under the initial notice.
2. Prioritization criteria for approving commercial housing projects for pilot implementation under Resolution 171 when multiple enterprises propose the same land plot
Decree 75 sets out the prioritization criteria for approving pilot projects under Resolution 171 as follows:
2.1 If multiple organizations propose to implement a pilot project on the same land plot, priority will be given to the organization that currently holds land use rights.
2.2 If multiple organizations propose to implement a pilot project on the same land plot through land use rights agreements, priority will be given to the organization that submits its registration first.
2.3 If, after compiling the list of projects, the total residential land area registered for the pilot projects exceeds 30% of the additional residential area in the approved master plan, the selection of land plots for pilot projects will follow this priority order:
+ Projects by real estate enterprises that have been approved for investment or have received authorization from competent state agencies to implement projects involving land use rights transfer or land currently held before April 1, 2025;
+ Projects by the Ministry of National Defense, Ministry of Public Security will be prioritized for implementation;
+ Projects on the land of production or business facilities that must be relocated due to environmental pollution or are required to relocate according to urban planning and construction planning;
+ Projects proposed by organizations that currently hold land use rights;
+ Projects proposed by organizations for land use rights transfer.
2.4 If selecting between pilot projects with the same priority order as stated in section 2.3 above, preference will be given to projects aimed at urban renewal and upgrading. In cases where, after considering the criteria for urban renewal and upgrading, the total residential land area for pilot projects still exceeds 30%, priority will be given to projects submitted first.
3. Facilitating enterprises in implementing pilot projects
3.1 Allowing the simultaneous registration of land changes and land use change procedures
Decree 75 allows real estate enterprises (after receiving the notice of approval to implement the pilot project) to simultaneously carry out land registration changes, issuance of land use certificates, and land use changes as required by the land law for the land received according to legal regulations or after completing the land use rights transfer for the entire project.
3.2 Allowing real estate enterprises that have not been issued land use certificates to register for pilot projects
To facilitate enterprises, Decree 75 allows real estate enterprises to register for pilot projects even if they have not been issued land use certificates, provided that (i) they are using land with stable tenure (land allocated or leased by the State) or (ii) they are using land obtained through land use rights transfer, asset purchases, or contributions in land-attached assets from eligible land users.
3.3 Allowing continued implementation of pilot projects according to the conditions, criteria, and information of the previous administrative unit when there is a reorganization of administrative units
Decree 75 anticipates cases where there is a reorganization of administrative units, allowing the newly established administrative unit to inherit the conditions, criteria, and information from the previous administrative unit to continue implementing the pilot project. Therefore, the conditions, criteria, and information related to the pilot project will remain unchanged and continue under the previous administrative unit.
Decree 75 takes effect from April 1, 2025, to March 31, 2030.
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