The Government proposed that the National Assembly adjust the effective date earlier (for the Land Law, Real Estate Business Law and Housing Law) from August 1, 2024 instead of January 1, 2025.
On May 30, the National Assembly listened to the presentation and discussed in the hall the proposed law and ordinance development program for 2025 and the adjustment of the law and ordinance development program for 2024. Notably, the proposal for the three laws on Land, Housing, and Real Estate Business to take effect from August 1 received much attention from National Assembly deputies.
Scene of the discussion session at the National Assembly Hall on the morning of May 30.
Presenting the report, Chairman of the Law Committee Hoang Thanh Tung said that on May 27, the Government submitted a report proposing to add the draft Law amending and supplementing a number of articles of the Land Law, the Law on Real Estate Business, the Housing Law and the Law on Credit Institutions to the 2024 law-making program.
The content is to adjust the effective date earlier (from August 1, 2024) for the Land Law, the Real Estate Business Law and the Housing Law.
“The Standing Committee of the National Assembly basically agrees with the Government's proposal on the need to promptly implement the above laws. Thereby, in order to remove obstacles and introduce new policies approved by the National Assembly. To ensure the quality of law promulgation, the National Assembly's standing body requests the Government to direct agencies in the process of drafting the law to continue to carefully assess the impact, especially adverse impacts (if any) to propose appropriate solutions.
The Standing Committee of the National Assembly also requested the Government to carefully review the transitional provisions in these four laws and provisions in other relevant laws affected by the adjustment to take effect five months earlier, and from there have appropriate handling plans.
Chairman of the Law Committee Hoang Thanh Tung.
At the same time, direct ministries, branches and localities to urgently develop and promulgate detailed regulations and implementation instructions, ensuring quality and taking effect at the same time as the laws take effect...
Carefully consider adjusting the effective date.
Commenting on the above content, delegate Dinh Ngoc Minh (Ca Mau delegation) said that if the laws take effect early while the guiding circulars are not completed, it will create a legal gap when the old law has expired but the new law has no guidance.
Delegate Dinh Ngoc Minh therefore proposed to carefully consider adjusting the enforcement, especially with the Land Law.
“I directly participated in reviewing this draft Law and found it very difficult. For example, the chapter on land recovery and the chapter on granting land use right certificates, each sentence is a policy, each sentence is a completely different content, extremely difficult to guide. Currently, many guiding decrees have not been posted on the drafting agency's website. Therefore, the time the law takes effect must be carefully calculated,” said Mr. Minh.
Sharing the same view, delegate Ma Thi Thuy (Tuyen Quang delegation) said that adjusting the effective date of the Land Law and related laws is very necessary and appropriate to the current urgency.
Delegate Dinh Ngoc Minh suggested carefully considering the adjustment of enforcement, especially with the Land Law.
However, the National Assembly delegate of Tuyen Quang province expressed concern that currently, in addition to a decree issued by the Government, there are still 15 documents (including 9 decrees, 1 decision of the Prime Minister, 6 circulars) detailing the implementation of the new Land Law, which is only expected to be issued in June 2024. "The above number of documents is only for the Land Law," Ms. Thuy emphasized.
Meanwhile, according to the Law on Promulgation of Legal Documents, the documents detailing the laws must take effect at the same time as the law takes effect. Ms. Thuy is concerned that relevant agencies have not fully assessed the negative impacts of not promptly issuing documents guiding implementation.
Meanwhile, the new law has come into effect, the old law and documents detailing the old law have expired. Ms. Thuy said that it is necessary to assess the impact of the new law on people and businesses, especially when there is not enough time to prepare conditions to meet the requirements of the new law.
From the above analysis, Ms. Thuy suggested that the National Assembly should carefully consider adding the above draft law to the 2024 law and ordinance making program according to the simplified procedure and pass it at the seventh session.
Delegate Ma Thi Thuy
“The Government is requested to report and clarify related issues and ensure full responsibility for the conditions for the laws to be implemented without causing negative impacts on businesses and people,” said Ms. Thuy.
If satisfied, the National Assembly will vote immediately.
Regarding the above issue, Minister of Justice Le Thanh Long summarized four main issues that the National Assembly deputies are still concerned about. These are proving the benefits of applying the above laws earlier; the progress of preparing detailed regulations, including documents issued by ministries, branches and documents issued by localities; carefully reviewing, especially the transitional provisions, whether in addition to these four laws, there are any other laws that will affect them; and continuing to complete documents and procedures.
The head of the judiciary acknowledged the opinions of the National Assembly deputies and reported to the Prime Minister to direct the Ministry of Natural Resources and Environment to coordinate with relevant ministries and branches, including the Ministry of Justice, to carefully review and ask the National Assembly for approval to include it in the program.
“Ministries, sectors and the Government will start drafting right now. We will review together very carefully. If we ensure quality, accuracy and do not cause difficulties, I think the National Assembly allowing the laws to take effect earlier will contribute greatly to socio-economic development and remove difficulties and obstacles for the country,” said Minister Le Thanh Long.
Concluding this content, Vice Chairman of the National Assembly Nguyen Khac Dinh said that recently, the National Assembly Standing Committee and the committees discussed this content very carefully. The Chairman of the National Assembly and the Prime Minister also discussed it directly with each other.
The law needs to have guiding documents and detailed regulations for implementation. But not all laws need detailed documents to be implemented, there are many things in the law that can be implemented immediately.
“I would like to ask the National Assembly to include this in the 2024 law and ordinance making program. Whether the National Assembly agrees or not will depend on the specific content of these provisions. If they are met, the National Assembly will vote, otherwise, it will not,” concluded National Assembly Vice Chairman Nguyen Khac Dinh.
Previously, according to the advisory document for the Government to submit to the National Assembly the issuance of a resolution amending Article 252 so that the Land Law takes effect from July 1, 2024 (six months earlier than expected), the Ministry of Natural Resources and Environment highlighted a number of necessary reasons to accelerate the law's effectiveness.
According to the Ministry of Natural Resources and Environment, the Land Law is a major law, of special significance and importance in the political, socio-economic, national defense, security and environmental protection life of the country. This law plays a central role in the land law system, has a profound impact on all classes of people, the business community and has a close relationship with many other related laws. In particular, the Land Law has many new and important breakthrough contents contributing to the goal of perfecting institutions and policies, improving the effectiveness and efficiency of land management and use...
To organize the implementation of the Land Law, the Prime Minister issued Decision 222 dated March 5, 2024 promulgating the plan for implementing the Land Law. Accordingly, the Prime Minister assigned ministries, branches and localities to preside over the drafting of documents detailing the implementation of the Land Law.
Prime Minister Pham Minh Chinh attended the meeting.
Previously, at the socio-economic discussion session on May 29, delegate Hoang Quoc Khanh (Lai Chau delegation) expressed his agreement with the Government's submission to the National Assembly at this session for consideration of the decision to allow the Land Law, Housing Law, and Real Estate Business Law to take effect earlier for implementation, contributing to fundamentally resolving institutional bottlenecks.
The delegates also suggested that the Government and ministries need to fully prepare and synchronize the system of documents guiding the implementation so that the law can be implemented immediately when it comes into effect.
Also at the discussion session in the hall on May 29, Deputy Prime Minister Tran Hong Ha said that the three laws related to land coming into effect soon will help resolve many shortcomings, weaknesses, and limitations. Therefore, the Government is determined to submit to the National Assembly to allow the above laws to come into effect soon.
According to the Deputy Prime Minister, if the National Assembly allows an early effective date, the Government will be determined to complete all guiding documents. Specifically, there will be 14 decrees and more than 10 circulars. The Prime Minister has also just issued a telegram requesting localities to develop and ministries and branches to participate to ensure legal connectivity and consistency.
According to Phi Long - Hoang Le/VOV.VN
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