Discussing the draft Law on Real Estate Business (amended) on the afternoon of June 19, Vice Chairman of the National Assembly Nguyen Khac Dinh said that the National Assembly Standing Committee (NASC) held a thematic session to give opinions on this law on April 12 and issued a concluding notice.
Clearly define the concept and scope of real estate business objects
According to Vice Chairman Nguyen Khac Dinh, the draft submitted to the National Assembly this time has not fully reflected the requirements of the Standing Committee of the National Assembly when the concept of "business" must be used consistently throughout the entire legal system, but the draft law uses it incorrectly.
“It is necessary to clearly distinguish between the act of exchanging and buying and selling according to civil law and the professional buying and selling of real estate, carried out by business entities. Organizations and individuals have the right to buy and sell real estate, but to become a business entity, they must establish an enterprise, meet certain conditions, and be recognized by law. Similarly, with business entities, not all real estate that is bought and sold is subject to this law,” said Vice Chairman of the National Assembly Nguyen Khac Dinh.
Vice Chairman of the National Assembly Nguyen Khac Dinh.
“If a house is sold by an individual, a business is dissolved, goes bankrupt, or its headquarters is sold, these real estates are not subject to this law. Because of confusion about concepts and incorrect definition of scope and subjects, the draft law in general still has many things that need to be adjusted,” Vice Chairman of the National Assembly Nguyen Khac Dinh pointed out.
Sharing the above viewpoint, delegate Phan Duc Hieu, Thai Binh delegation pointed out many overlaps between the Law on Real Estate Business (amended) and the Housing Law due to unclearly defined concepts.
“All activities related to professional activities to seek profits in the real estate sector are regulated in the Law on Real Estate Business (amended). The Housing Law should only regulate housing ownership. Regarding the issue of apartment building management, I personally think that it is a business activity related to real estate,” the delegate of Thai Binh delegation suggested.
“It is necessary to clearly and distinctly define the scope of regulation of the two laws to avoid gray areas and overlapping areas, because when applied in practice, it can cause difficulties in implementation,” said delegate Phan Duc Hieu.
Delegate Phan Duc Hieu, Thai Binh delegation.
Real estate trading should not be required through the floor.
According to delegate Hoang Ngoc Dinh, Ha Giang delegation, Article 57 of the draft Law on Real Estate Business (amended) stipulates that real estate transactions must be conducted through the floor. Such a regulation will cause many difficulties in implementation, because the draft law does not explain the reasons why real estate transactions must be conducted through the floor, and there is no information about research, surveys, and impact assessments of this regulation.
“This control mechanism was abolished with many shortcomings, so I think it is unreasonable to restore it in the draft law. It needs to be considered carefully and thoroughly,” emphasized the delegate of Ha Giang delegation.
Meanwhile, according to delegate Hoang Ngoc Dinh, the more necessary regulation is notarizing real estate transactions, but it is not mandatory.
“Developed countries (such as most countries in the EU) all require notarization. In the context of the national notarization database being built and completed, the quality of notarization activities is getting better and better, so notarization is much more effective in preventing fraudulent and negative behaviors,” delegate Hoang Ngoc Dinh pointed out.
“In terms of benefits and operational purposes, real estate trading floors tend to be more closely linked and related to investors than to consumers. Therefore, it is impossible to demand that the floors be objective in their operations, especially when the floors directly contribute capital to investors to make a profit, or act as sales agents for investors to enjoy price differences,” said a delegate from Ha Giang.
Agreeing with this view, delegate Pham Van Hoa, Dong Thap delegation, said that real estate trading floors tend to provide brokerage services, as a bridge between the seller and the buyer, while notarization tends to ensure legal safety, fairness and legal rights of the parties involved in the transaction. Therefore, real estate trading floors should not be used to ensure legal safety for real estate transactions and vice versa, notarization cannot provide services that replace the functions of real estate trading floors.
Delegate Pham Van Hoa, Dong Thap delegation.
“In many cases, real estate trading floors are also the “backyard” of investors. I propose that all transactions must be notarized and certified, unless both parties are organizations,” the Dong Thap delegation proposed.
"If you have not paid the money but have already taken the porridge, you will have to go collect the debt tomorrow."
Giving his opinion, Minister of Finance Ho Duc Phoc suggested that the drafting agency study regulations on financial capacity for investors licensed for real estate investment and business projects. This is to ensure that investors have sufficient financial capacity to implement projects on schedule and meet requirements.
According to Minister Ho Duc Phoc, currently, real estate is not being granted land use right certificates. As a result, hundreds of thousands of people are not being granted documents because investors owe money to the state budget.
“The law stipulates that land is allocated to enterprises, then land use fees are determined. In case enterprises do not pay, they will be fined for late payment, but the fine is lower than the bank interest. This leads to the situation where, after selling houses, enterprises advance money from people, use the money formed in the future to invest in other projects, without having money to pay the budget. The consequence is that people will not receive certificates, and the government will face instability due to people's complaints,” the Minister of Finance stated the reality.
Accordingly, the Minister of Finance requested to ensure that investors fulfill their financial obligations. Disputes between businesses and people are civil matters that need to be brought to court.
Minister of Finance Ho Duc Phoc.
“If there are signs of fraud, only the investor will be imprisoned, but who will deal with the thousands of people who have not been granted certificates?”, the Minister of Finance asked.
According to the Minister, if investors have not paid into the budget, they have not fulfilled their financial obligations, people will forever have to sue, the government will have to resolve the instability, causing loss of trust. Minister Ho Duc Phoc suggested that there should be regulations so that only investors who pay into the budget and fulfill their financial obligations will be given land.
"Our ancestors said that money is paid and porridge is served. If money is not paid but porridge is served, the next day we have to go collect the debt," the Minister of Finance suggested.
Reporter Group/VOV.VN
Useful
Emotion
Creative
Unique
Source
Comment (0)