The Housing Law 2023, the Real Estate Business Law 2023, and the Land Law 2024 officially took effect from August 1, 2024, with many new regulations that directly impact the activities of many subjects, from people to businesses and economic organizations.
Under the close direction of the Prime Minister, documents detailing these laws have been urgently developed and issued by the Government, the Prime Minister, and local ministries and branches at the same time as the laws.
In that spirit, provinces and cities have also proactively prepared the necessary conditions to organize and coordinate the implementation of the law. Many localities have also quickly organized and planned conferences to disseminate and train cadres, civil servants and public employees on new regulations of the law on land, housing and real estate business.
The delay in issuing documents guiding the implementation of the law has caused many social housing projects to be 'suspended'. (Photo: ST)
However, VARS believes that after more than 1 month of implementation, the enforcement of the law still faces many difficulties. Most of the guiding documents under the authority of local authorities have not been issued, greatly affecting the implementation of the laws when many important contents have been decentralized to local authorities.
Many specialized officials do not understand the law and have not participated in dissemination and training programs on new regulations. Some localities use land price tables that have increased dramatically, with a large difference compared to the current land price table, leading to reactions from people and businesses.
In fact, some localities have not issued timely decisions to adjust land prices, causing thousands of records of land use conversion, transfer, and certification to be "suspended" and not resolved for tax purposes because they are waiting for a new price list. The tax authority currently has no regulations guiding implementation.
"The lack of implementation guidance documents is also the main cause of difficulties in implementing social housing in many localities," said VARS.
Also according to VARS, after more than 1 month of implementing the Housing Law 2023, the Real Estate Business Law 2023, and the Land Law 2024, many localities still face difficulties in confirming housing status and income conditions. The agencies directly enforcing the law with the people do not have a basis for implementation guidance.
In addition, according to current regulations, the Social Policy Bank will accept loan applications for purchasing or leasing social housing when there is a sales contract. However, there is a situation where the social housing sales contract has been completed but when the Social Policy Bank borrows, the answer is "no capital yet, because it has not been allocated from the source". When the bank receives the allocated capital, it will process these applications.
The issuance of land use right certificates and property ownership certificates attached to land for land without documents - a positive change of the 2024 Land Law - is also facing difficulties.
Accordingly, the 2024 Land Law stipulates that households and individuals using land without land use right documents and without violating land laws and not falling into cases where land was allocated without proper authority will be granted red books. The dossier receiving department transferred the dossier from the land registration office to the district-level natural resources and environment department. While the natural resources and environment department has not yet received guidance documents from central and provincial agencies and has not yet updated the database, many dossiers for granting land use right certificates for the first time have been suspended.
Localities have not yet issued criteria for bidding to select investors to implement projects using land suitable to the actual situation of the locality as a basis for developing urban and residential areas.
Faced with the above situation, VARS believes that localities need to urgently organize conferences to disseminate and train on new regulations of land law, housing law, real estate business law so that specialized agencies and specialized officials can understand correctly and fully. At the same time, listen to the difficulties and problems of subjects directly affected by these regulations.
Thereby, advising localities and superior agencies to prepare guiding documents within their authority, promptly resolving difficulties for people. It is necessary to publicly announce administrative procedures on the Government's public service information portal, local electronic information portal, and publicly post them at the place where administrative procedures are received according to the provisions of law so that people and businesses know how to implement and monitor the implementation.
Source: https://www.congluan.vn/cham-ban-hanh-cac-van-ban-huong-dan-thi-hanh-luat-khien-nhieu-du-an-nha-o-xa-hoi-bi-treo-post312568.html
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