On June 20, continuing the 7th Session, the National Assembly discussed in groups 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, and the Law on Credit Institutions No. 32/2024/QH15.
Ensure progress in drafting implementation guidelines
Speaking at the discussion group, Minister of Natural Resources and Environment Dang Quoc Khanh said that the 2024 Land Law has gone through 4 sessions and is also the law that has been widely consulted by the people after the Constitution with 12 million comments from the people. The Government and the Prime Minister always direct the drafting agency to both draft the Law and draft Decrees and guiding Circulars, ensuring consistency between the Law and detailed regulations and guidance documents.
Up to now, the Land Law 2024 is a law that has been carefully considered by the National Assembly when passing, meeting the expectations of the people and businesses. Since the time the Law was passed, people, businesses, communities, localities, etc. have all hoped that the Law would take effect soon.
The Land Law has many policies that are beneficial to people and businesses, and that stimulate land resources to serve the country's development. In particular, the policy on compensation and resettlement support for people whose land has been recovered, which provides full and specific regulations in the spirit of implementing the direction in Resolution 18 of the Central Committee that "the new place of residence must be equal to, or better than, the old place of residence". Accordingly, the Law has specified specific criteria such as resettlement in urban areas must meet urban criteria, resettlement in rural areas must meet new rural criteria, resettlement areas must have adequate technical infrastructure, social infrastructure, etc.
According to Minister of Natural Resources and Environment Dang Quoc Khanh, the Housing Law and the Real Estate Business Law were passed by the National Assembly in October 2023. Normally, laws passed in October 2023 usually take effect on July 1, 2024. To ensure consistency and ensure that all three laws with many interrelated issues have the same effective period, the Housing Law and the Real Estate Business Law must wait for the Land Law. In fact, the Ministry of Construction has prepared detailed regulations and instructions for these two laws, even in the event that the effective date of the two laws is July 1, 2024.
Regarding the guiding documents, Minister of Natural Resources and Environment Dang Quoc Khanh said that during the process of drafting the Law, the drafting agency has drafted Decrees and Circulars. Up to this point, the Decrees have been consulted with Government members, the basic policy aspects have been completed, now only the technical aspects remain to be handled. Many Decrees have been consulted with Government members for the second time.
The Deputy Prime Minister also held direct meetings with localities on local guidance documents. Recently, the Prime Minister also allowed that in terms of time, Decrees and Circulars can use shortened procedures. That is, they will take effect immediately after signing, but the process is very methodical and the impact is assessed.
Regarding the impact assessment, Minister of Natural Resources and Environment Dang Quoc Khanh said that the assigned agency, the Ministry of Natural Resources and Environment, together with the Ministry of Construction, has completed the impact assessment dossiers, and the impact will be good and effective if the Law takes effect soon. If the Law takes effect soon, it will resolve the backlog and problems, such as the fact that people are eagerly waiting for the Law to take effect to be granted red books for land plots that are not in dispute or have violated the law since July 1, 2014 or earlier. The sooner it is done, the more benefits people will receive.
In addition, many localities have requested to pilot the decentralization of authority, the transfer of rice land and forest land from 10 hectares must be submitted to the Government, while according to the 2024 Land Law, decentralization to localities, administrative procedures are shortened and within the authority of localities. Thus, it will attract and resolve investment projects and mobilize land resources.
Promote propaganda and dissemination of laws
Discussing in Group 11, delegate Do Duc Duy (Yen Bai Province Delegation) said that the Land Law, Housing Law, Real Estate Business Law and Credit Institutions Law this time have overcome the shortcomings, limitations and inadequacies of the current laws. Therefore, the sooner these 4 laws come into effect, the sooner these problems and inadequacies will be resolved.
According to delegate Do Duc Duy, the concerns of National Assembly delegates about the feasibility of implementing the laws when the effective date is pushed forward by 5 months are correct and well-founded. When the law comes into effect and all detailed guiding documents have been issued, it is very effective, feasible and will soon resolve the difficulties and shortcomings in practice.
Through contact with voters, it is shown that localities, businesses, investors and even the people all hope that these laws will soon come into effect, because the rights and interests of investors, businesses and people are better guaranteed. Many overlapping and inadequate issues are resolved or the authority and initiative of localities are increased. Therefore, land resources will soon be promoted to serve the socio-economic development of the country.
Delegate Do Duc Duy also agreed with the delegates who proposed to the National Assembly, requesting the Government to soon issue guiding decrees as committed in the Report. At the same time, he directed localities that as soon as the Government's decrees are issued, localities should also develop local guiding documents.
“This is a very urgent condition and requirement, so even if the documents are issued as soon as possible, the effective date of the Government's Decree, circulars and local documents will be allowed to take effect from August 1, at the same time as the effective date of the Law,” said delegate Do Duc Duy.
In addition, delegates also recommended that the Government, ministries and branches step up communication work on these laws, especially the innovative contents compared to current laws, the contents directly related to people and businesses such as land recovery procedures, compensation, support, resettlement, etc. so that people know, implement and monitor together.
Meanwhile, delegate Nguyen Dinh Viet (Cao Bang Provincial Delegation) said that laws need time to prepare, and laws that want to take effect soon must have certain conditions to ensure their effectiveness and efficiency.
In particular, in the 3 Laws on Land, Housing, and Real Estate Business, there are many provisions decentralizing the issuance of guidance documents to localities, including many contents that are assigned to the People's Council and People's Committee for the first time, making it difficult for localities to push for early implementation.
The Proposal also mentions the early entry into force, including provisions that do not require detailed guidance documents. However, according to the Law on Promulgation of Legal Normative Documents, detailed guidance documents must take effect at the same time as the provisions of the Law to ensure consistency and synchronization.
Delegates suggested that we should focus on developing Decrees and Circulars so that localities have time to access and prepare carefully for implementation because there are many contents that are decentralized to localities, including contents that localities have never done before. When promulgating, it is also necessary to carry out propaganda and dissemination of laws to ensure unified implementation in terms of awareness as well as to avoid difficulties and obstacles.
Source: https://kinhtedothi.vn/khoi-thong-nguon-luc-dat-dai-de-phat-trien-kinh-te-xa-hoi.html
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