This morning, June 29, at the 7th Session, the 15th National Assembly voted to pass the Draft Law amending and supplementing a number of articles of the Land Law No. 31/2024/QH15, the Housing Law No. 27/2023/QH15, the Real Estate Business Law No. 29/2023/QH15, the Law on Credit Institutions No. 32/2024/QH15, with 404/469 delegates participating in the vote in favor (accounting for 83.3% of the total number of National Assembly delegates).
This draft Law was proposed by the Government to be submitted to the National Assembly for consideration and approval according to the 1-session process and received the consent of the National Assembly. Right at the 7th Session, the National Assembly adjusted the working program and added this content for consideration and decision to approve.
With the Law passed, 3 laws related to land, housing, and real estate market officially take effect from August 1, 5 months earlier than the previous National Assembly resolution to take effect from January 1, 2025 (except for Clauses 2 and 3, Article 252 of the Land Law).
Specifically, the Law consists of 5 articles and takes effect from August 1, 2024. The Law stipulates amendments and supplements to a number of articles of the Land Law No. 31/2024/QH15, such as amending and supplementing Clause 2, Article 251: "Abolish Resolution No. 132/2020/QH14 dated November 17, 2020 of the National Assembly on piloting a number of policies to remove difficulties and backlogs in the management and use of national defense and security land in combination with labor production and economic construction activities from January 1, 2025". Amend and supplement Clause 1, Article 252 "This Law takes effect from August 1, 2024, except for the cases specified in Clauses 2 and 3 of this Article".
Along with that, amend and supplement Clause 10, Article 255: “Investment projects in the case of land allocation and land lease not through the form of land use rights auction according to the provisions of Land Law No. 45/2013/QH13, relevant laws and in accordance with land use planning and plans but have not been allocated or leased land, shall continue to carry out the next steps in the order and procedures for land allocation and land lease to allocate land and lease land to investors and project owners according to the provisions of this Law if they fall into one of the following cases:
a) The project has selected investors and project owners in accordance with the provisions of the law on investment, the law on housing, and the law on bidding from July 1, 2014 to before August 1, 2024;
b) Projects for which investors have submitted valid documents to carry out procedures for selecting investors and project owners before August 1, 2024 and have selected investors and project owners before January 1, 2025.
The selection of investors and project owners for projects specified in this point shall be carried out in accordance with the provisions of the law on investment, the law on housing, and the law on bidding in effect at the time of dossier submission.
At the same time, the Law also amends and supplements Clause 1, Article 197 of the Housing Law No. 27/2023/QH15; amends and supplements Clause 1, Article 82 of the Real Estate Business Law No. 29/2023/QH15.
Two clauses of Article 200 and Article 210 of the Law on Credit Institutions will also take effect early from August 1 to ensure consistency and strictness when receiving collateral from credit institutions.
Before the National Assembly voted to pass the Draft Law, in the report explaining and accepting, Chairman of the National Assembly's Economic Committee Vu Hong Thanh emphasized that the 2024 Land Law, the 2023 Housing Law and the 2023 Real Estate Business Law have institutionalized many new policies and guidelines of our Party and State, overcoming the limitations and obstacles of previous laws. At the same time, there are many innovative and progressive regulations that are expected by the people and society to create momentum for socio-economic development in the new period. At the same time, many regulations in the laws can be applied immediately without the need for detailed guidance documents.
Putting the four laws into effect soon is not only a wish but also a requirement of the National Assembly when voting to pass these laws.
According to Chairman Vu Hong Thanh, there are opinions suggesting caution and calculating the time when the law takes effect appropriately due to concerns about the progress and roadmap for developing and issuing detailed guiding documents for the implementation of the law under the responsibility of localities. The time for localities to issue documents under their authority is very urgent.
The Standing Committee of the National Assembly finds that the opinions of the National Assembly deputies are completely correct. The Government has reported on the progress of issuing documents of the Government, the Prime Minister and ministries and branches in Appendix No. 01.
Regarding guiding documents under the authority of localities, the Prime Minister has issued many documents urging ministries, branches and localities to urgently focus on issuing detailed regulations and instructions for the implementation of the Land Law, Housing Law and Real Estate Business Law.
According to the Chairman of the National Assembly's Economic Committee, the Government affirmed that if the National Assembly passes this draft law at the 7th Session, there will still be time for localities to complete and promulgate it according to their authority to ensure progress, quality and take effect from August 1, 2024.
The National Assembly Standing Committee requested the Government to closely direct the issuance of detailed regulations and implementation instructions by ministries, branches and localities, to avoid problems due to lack or delay in issuing specific documents, to avoid the situation where circulars "wait" for decrees, local documents "wait" for detailed regulations and instructions from the Central Government, and to fully prepare conditions for the implementation of laws from August 1, 2024.
In addition, the National Assembly Standing Committee will direct the Nationalities Council and the National Assembly Committees, based on their assigned functions and tasks, to supervise the promulgation of legal documents related to the content of these laws.
Source: https://kinhtedothi.vn/3-luat-dat-dai-nha-o-bat-dong-san-chinh-thuc-co-hieu-luc-tu-1-8-2024.html
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