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Proposing to consider continuing to auction land plots in Thu Thiem

The seminar was jointly organized by the University of Economics and Law of Ho Chi Minh City, the Institute of Green Economy and the Law Newspaper of Ho Chi Minh City, with the participation of representatives of central state management agencies, local authorities, along with many legal experts and businesses in the field real estate.

Mr. Nguyen Van Dinh, Chairman of the Vietnam Real Estate Brokers Association said that the region Thu Thiem (Thu Duc city, Ho Chi Minh City) is basically an urban area with complete infrastructure, just waiting to be exploited. Thu Thiem has a specific location, residential structure and role similar to urban areas of high commercial value in the world such as Manhattan (New York, USA) or Pudong (Shanghai, China). Thu Thiem has the appearance of an “elite city”, so there is a plan for the development of appropriate economic sectors, especially finance, banking, high technology and entertainment industry. From there, gradually attract new activities out of the old center.

According to Mr. Dinh, Ho Chi Minh City needs to consider continuing the auction to transfer the remaining land lots in Thu Thiem urban area, which can be technically adjusted accordingly. This remaining area of ​​”golden land” of the City can only be sold once, so at any time, it is necessary to collect financial benefits for the City, as a resource to solve social problems. festival.

Doan Thi Phuong Diep, University of Economics and Law, Ho Chi Minh City, suggested that the auction of land plots in Thu Thiem should continue to be held in order to have full data as well as consider the market’s angles. . If the land price at auctions then approaches the market price or increases within the common threshold, the legal provisions on auctions are also quite appropriate. A single case cannot “induct” systematically and make judgments without evidence of a sudden increase in land prices in Thu Thiem.

Proposal to consider continuing to auction land plots in Thu Thiem - Photo 1.

A corner of Thu Thiem New Urban Area. Photo documentary: Quang Nhut.

Regarding the selection of investors, Ms. Diep cited, in Article 58, the Land Law only requires that in order to be able to participate in the auction of land use rights, they must have “financial capacity to ensure the land use in accordance with the law.” level of investment project”. However, the financial capacity to ensure that is not clearly defined. This may lead to the result that the investor participating in the auction has won the auction but does not have the financial capacity to establish a transaction as has happened in the past.

“It is difficult to require the investor to have sufficient financial capacity to carry out the entire project, but at least the investor must convincingly demonstrate where and how to use the capital source. State agencies can appraise before deciding to participate in the auction. Further specifying this condition helps to strictly control investors with financial capacity to participate in the auction and to sign and implement the auction. contract after winning the auction” – Ms. Diep emphasized.

Therefore, Ms. Diep suggested, it is necessary to improve the provisions of the Law on Investment by specifying the verification of the financial ability of the investor before approving the investment policy. From this approval, the new investor is eligible to participate in the auction of land use rights. Financial capacity to be verified is not simply the investor’s ability to enter into, sign or perform a contract to buy properties after winning the auction, but also the ability to go to the end of the auction. implementation of investment projects.

According to Ms. Bui Nguyen Huyen Trang, General Director of Cushman & Wakefield Company, real estate contributes greatly to urban aesthetics and city architecture, enhancing the area. Therefore, commenting on the selection of investors, Ms. Trang said that in addition to assessing the investor’s capacity, it is necessary to evaluate more about the city’s ability to contribute aesthetics and architecture to Ho Chi Minh City. With FDI inflows investing in the Vietnamese market, there are still many opportunities for land plots in Thu Thiem.

At the seminar, Dr. Nguyen Thanh Binh, Director of the Southern Affairs Department, Ministry of Justice informed about the results of the legal review after the auction of land use rights in Thu Thiem. Accordingly, the Ministry of Justice found that the current land use right auction still has some problems related to the inconsistency between the provisions of the land law and tax administration on the payment deadline. won the auction of land use rights.

This leads to different interpretations and applications, causing difficulties and confusion for many localities in the implementation process as well as potential problems of complaints and denunciations that may arise. Typically, the legal regulations and the application of regulations on payment of winnings at auction of this land use right in localities are inconsistent.

According to Mr. Nguyen Thanh Binh, in order to further improve the quality and efficiency of land use right auctions, the Ministry of Justice proposes to the National Assembly to consider and include them in the law-making program of the term of the National Assembly. XV is responsible for amending and supplementing a number of articles of the Law on Property Auction in order to amend and complete regulations on order and procedures for asset auction.

Currently, the Ministry of Justice is also studying and developing a Decree amending and supplementing Decree No. 62/2017/ND-CP dated May 16, 2017 of the Government detailing a number of articles and measures to implement the Law. Property auction, expected to be submitted to the Government in December 2022.

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