Participating in the discussion in the hall about some contents with different opinions of the draft Law on Real Estate Business (amended) this morning, October 31, Deputy Head of the Delegation of National Assembly Deputies of Binh Thuan province Nguyen Huu Thong said that the draft Law has added many new regulations, including many contents of regulations adjusting in accordance with the draft Law on Land (amended) and close to the current situation of real estate business of organizations and individuals.
Specific comments in Article 6 - Regarding the disclosure of information on real estate put into business, Clause 1 stipulates the place to disclose electronic information on the housing and real estate market information system according to the provisions of this law and on the enterprise's electronic information page (if any), in case the enterprise does not have an electronic information page, it means that the enterprise does not disclose information on real estate, which does not create conditions for people to access information sources in a transparent manner. Therefore, delegate Nguyen Huu Thong proposed that it is necessary to specifically stipulate: Publicly disclose information on the general electronic information page of the locality, of each locality with real estate and on the electronic information page of the real estate business enterprise, remove the word "if any" to make it public and transparent for people and state agencies to know.
In Article 8 - On prohibited acts, delegate Nguyen Huu Thong suggested adding acts of manipulating and disrupting the real estate market, including collusion in land use rights auctions, participating in auctions to inflate land prices in surrounding areas to the draft law. Because in reality, this act has been happening everywhere recently, causing land prices to increase, and people with real needs for housing and real estate cannot buy land to build houses.
Regarding the guarantee in the sale and lease-purchase of future housing in Article 26, delegate Nguyen Huu Thong proposed that the competent authority should clearly define the scope of the guarantee stipulated in Clause 1, Article 26 “…the amount of money the investor has received in advance from the customer and other amounts (if any) as agreed in the signed contract for the purchase and lease-purchase of future housing that the investor is obliged to pay to the customer when the investor does not hand over the housing as committed”; because according to the delegate, it is necessary to clearly define what amount of money “the investor has received in advance” is? Is it a deposit? What are the other amounts? Delegate Nguyen Huu Thong proposed that the Government specify this content.
Commenting on Article 43 - Regarding contracts in real estate business, delegate Nguyen Huu Thong proposed adding regulations on contracts for buying, selling, leasing, and renting commercial housing to Clause 1, Article 43 to comply with the provisions of the Housing Law.
Regarding the use of contracts in real estate business - Article 44, delegate Nguyen Huu Thong proposed to add clause 3 to Article 44 with the following content: "Real estate business contracts with the participation of individuals must be notarized and certified". Explaining this, the delegate said that in the past, the factor of ensuring legal safety for real estate business transactions has not received due attention. Many major cases have occurred due to violations by investors, causing great damage to consumers in both value and quantity. These violations are increasingly common and consumers (the weaker party) in real estate transactions with investors have not been properly guaranteed safety. Therefore, real estate business transactions involving at least one individual party must be notarized to ensure the principle of fairness and non-discrimination between the subjects as stipulated in the 2013 Constitution and in Clause 1, Article 3 of the 2015 Civil Code, while ensuring the rights of the disadvantaged party when participating in real estate business transactions.
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