HoREA proposes to allow projects that have a decision on land allocation or land lease by a competent state agency to be allowed to transfer without having to have a red book.
Recently, the Ho Chi Minh City Real Estate Association (HoREA) has made a proposal to the Standing Committee of the National Assembly to propose "legalizing" the provisions at point b, Clause 1, Article 10 of Resolution 42/2017/NQ-QH14.
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HoREA believes that it is unfair to "normal" businesses when transferring real estate projects
Specifically, according to HoREA, this will allow handling of "bad debt" which is the collateral that is mortgaged real estate at a commercial bank that has a decision on land allocation or land lease issued by a competent state agency. .
In essence, this is the transfer of real estate projects in the form of bad debt settlement, which should be legislated to apply to all cases of transfer of investment projects using land to ensure safety. fairness and consider project transfer as a normal activity according to the needs of enterprises and pay project transfer tax to the State.
For more analysis, Mr. Le Hoang Chau - Chairman of HoREA said, Point b, Clause 1, Article 10 of Resolution 42/2017/NQ-QH14 allows credit institutions, foreign bank branches, buying and selling organizations, bad debt settlement, transfer of collateral for bad debt is a real estate project when there is a decision on land allocation or land lease issued by a competent state agency, which has created favorable conditions for commercial banks. The commercial settlement of collateral for bad debts is a real estate project.
While "normal" real estate businesses want to transfer real estate projects, they must have a red book. The transferee of the land use right must implement the investment project according to the approved schedule.
According to the above provisions, it leads to the situation that enterprises that cause bad debts at credit institutions whose collateral are real estate projects are allowed to transfer the projects when they have their red books or decisions. land allocation, land lease by competent state agencies. While healthy real estate businesses do not cause bad debts, they can only transfer projects when they have a red book.
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HoREA proposes to legalize the transfer of real estate projects when there is a decision on land allocation or land lease issued by a competent state agency.
Accordingly, HoREA proposes to extend Resolution 42/2017/NQ-QH14 of the National Assembly on piloting bad debt settlement of credit institutions.
At the same time, it is proposed to legalize the permission to transfer real estate projects when there is a decision on land allocation or land lease issued by a competent state agency to create conditions and handle bad debts as security assets are real estate. mortgaged real estate at commercial banks, and generally applied to other real estate project transfer activities.
In addition, it is proposed to amend and supplement Point b, Clause 1, Article 194 of the Land Law 2013: “For investment projects, construction and business of housing, the transfer of land use rights shall be associated with the entire transfer. or part of the project when the Certificate has been obtained, or a decision on land allocation or land lease has been issued by a competent state agency. The transferee of land use right must implement the investment project according to the approved schedule", to ensure the consistency and synchronization of the legal system.
Finally, HoREA proposed to amend and supplement Clause 2, Article 49 of the Law on Real Estate Business 2014: “The transferor has obtained a certificate of land use right, or has had a decision to allocate or lease land. of the competent state agency for the whole or part of the transferred project", to ensure the consistency and synchronization of the legal system.
By Dien dan doanh nghiep.vn