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What does the Ministry of Construction say about the red book of commercial apartments in social housing projects in difficulty?

Recently, voters in Hai Phong reported that it was difficult to make red books for commercial apartments in social housing projects because there were no guidelines and consensus on whether to pay back land use fees and rent. exempted or reduced land when transferring residential land use rights (whether or not they have to pay back the exempted land use levy or rent).

Responding to voters, the Ministry of Construction said that according to the provisions of Point b, Clause 1, Article 110 of the 2013 Land Law, using land for construction of social houses according to the provisions of the law on housing falls under the following circumstances: exemption or reduction of land use levy and land rent.

In addition, at Point a, Clause 1, Article 58 of the Law on Housing 2014, investors of social housing construction projects are exempted from land use levy and land rent for the land area allocated or leased by the State for residential purposes. social housing investment.

According to the provisions of Point c, Clause 1, Article 61 of the Law on Housing, the selling price of social housing shall be determined by the project investor on the basis of calculating all expenses to recover the housing investment capital and loan interest ( if any), the normative profit as prescribed by the Government and excluding the State’s incentives specified in Clause 1, Article 58 of this Law”, the Ministry of Construction stated.

According to the provisions of Clause 1, Article 11 of Decree No. 45/2014/ND-CP dated May 15, 2014 of the Government stipulating the collection of land use levy, the land shall be used to build social houses in accordance with the law on social housing. housing that is exempt from land use levy.

No need to pay back the exempted land fee when selling commercial apartments

In 2015, the Government issued Decree No. 100 on development and management of social housing, whereby, in Article 9 of Decree No. 100, there is a provision on exemption of land use levy and land fund for public construction investment. commercial business process (including high-rise or low-rise commercial housing) in a social housing project.

On April 1, 2021, the Government issued Decree No. 49/2021/ND-CP amending and supplementing a number of articles on social housing development and management. Accordingly, at point a, Clause 8, Article 1 of Decree No. 49/2021/ND-CP, there are regulations on exemption of land use fees and land funds for investment in construction of commercial and business works in social housing projects. .

Pursuant to the above regulations, according to the Ministry of Construction, project investors are allowed to sell houses under the commercial business part of investment projects to build social houses to customers who need them at commercial prices. , in the structure of the selling price includes land use fees.

The investor is responsible for allocating profits from the sale of this commercial business area (including land use fees included in the selling price) to offset social housing investment costs, contributing to reducing selling price, rental price, rental purchase price of social housing and reducing management and operating costs of social housing of the project, ensuring that the normative profit of the entire project does not exceed 10% of the total cost. investment fees; the profit earned is calculated according to reality (in case it cannot be calculated according to reality, the profit earned must be expected to be distributed) but at least must not be lower than the land use levy, the land rent is exempted for the part. commercial housing construction land.

Thus, the current housing law stipulates that the investor shall allocate profits from commercial business (including land use levy allocated to the area of ​​land for construction of commercial housing) into the project. projects to offset investment costs in social housing, contributing to a reduction in selling prices, rental prices, and rental-purchase prices for social housing.

Therefore, the investor does not have to pay back the land use fee when selling this commercial business. In the coming time, the Ministry of Construction will discuss with the Ministry of Finance on this issue for agreement; If there are still problems, they will report them to the competent agency for consideration and decision.

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According to Linh Phong

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