HoREA proposes to amend the method of calculating land use fees to facilitate BT projects

(NLDO)- HoREA proposed to determine the time to calculate land price of land fund for BT project payment at the time of project establishment, bidding documents preparation...

The Ho Chi Minh City Real Estate Association (HoREA) has just sent Document No. 133/2025/CV-HoREA to the National Assembly Standing Committee, the Ho Chi Minh City National Assembly Delegation and relevant ministries and branches, proposing to add content to the draft Resolution of the National Assembly to remove difficulties and obstacles in the process of implementing the Land Law and amending Resolution 98/2023/QH15.

Inadequacies in land price calculation

According to HoREA, one of the major bottlenecks that has caused many projects to stall is determining the time to calculate land prices for BT (build-transfer) projects that have been signed and completed in the past. The association recommends clarifying this mechanism and creating conditions for investors of housing projects to be assigned or lease land to build public works such as schools, hospitals, parks, and commercial centers to serve residents.

HoREA believes that in terms of legal principles, payment by land fund to offset the value of BT projects is appropriate. Therefore, it is necessary to add the “contract signing” milestone to the regulations to resolve hundreds of pending BT projects, ensuring the principle of non-retroactivity and consistency between legal regulations.

The Association also agrees with the application of land prices according to the Law on Investment under the public-private partnership (PPP) method, to ensure transparency and feasibility in the process of determining land payment value.

Determining the time to calculate land use fees can solve many problems for BT projects.

Proposal to amend Resolution 98 to clear BT projects

HoREA also proposed to add transitional provisions at Point c, Clause 8, Article 5 of the draft Resolution on removing difficulties in the Land Law, especially for BT contracts signed and completed before July 1, 2025. At the same time, it is recommended that the National Assembly amend Resolution 98/2023/QH15, issue a document stipulating that the calculation of land use fees and land rent will be based on the time of signing the BT contract for projects completed before the PPP Investment Law 2020 takes effect.

In addition, HoREA hopes that the Government will soon issue a new decree similar to Decree 91/2025/ND-CP to remove difficulties for the remaining BT enterprises, ensuring fairness among investors.

Need a mechanism for land for public construction

In addition, this association also proposed to add point a1 after point a, clause 4, Article 5 of the draft Resolution, regulating land allocation and lease for commercial and service areas, medical and educational land, and thematic parks in commercial housing projects and urban areas agreed upon by investors or having land use rights.

In fact, many businesses are facing similar problems to CityLand Company at the CityLand Z751 Residential Area project, B&D Area (18 Phan Van Tri, old Go Vap District), where the company has not been allocated land or leased land to build and manage medical and educational facilities in the project area.

According to HoREA, this is a common problem across the country, so there needs to be a unified mechanism to help businesses quickly complete projects to serve residents, while promoting sustainable urban and social infrastructure development.

Source: https://nld.com.vn/horea-van-kien-tri-de-xuat-sua-cach-tinh-tien-su-dung-dat-196251014111043267.htm