Land Law coming into effect earlier will unlock resources

On the afternoon of June 13, continuing the 34th session, the National Assembly Standing Committee gave opinions on the draft law on amending and supplementing a number of articles of the Land Law, Housing Law, Real Estate Business Law, and Credit Institutions Law.

According to the submission, the Government proposes to allow the Land Law, Housing Law, and Real Estate Business Law to take effect from August 1, 2024. In particular, some transitional provisions in Articles 253 to 260 of the Land Law are allowed to take effect from January 1, 2025.

Chairman of the National Assembly Economic Committee Vu Hong Thanh reported on the preliminary examination of the Government's proposal.

“Allowing the Land Law to take effect earlier will unlock resources, unleash potential, maximize the value of land resources, and meet the expectations and aspirations of localities, businesses and people,” the Government’s submission emphasized.

Similarly, many policies in the Housing Law and the Real Estate Business Law can be implemented immediately without the need for detailed instructions.

The Law on Credit Institutions has Clause 3, Article 200 and Clause 15, Article 210 effective from January 1, 2025 (the entire law is effective from July 1), ensuring its effectiveness with the effective date of the Law on Real Estate Business. Therefore, when the effective date of the Law on Real Estate Business changes, it is necessary to amend the effectiveness of Clause 2, Article 209 of the Law on Credit Institutions, which stipulates the effectiveness of Clause 3, Article 200 and Clause 15, Article 210 of this Law to ensure consistent application of legal provisions and strict assurance when receiving collateral from credit institutions.

Consider with extreme caution

In its review report at the meeting, the National Assembly's Economic Committee stated that the early implementation of the laws is not only a desire but also a requirement of the National Assembly when voting to pass these laws.

However, Mr. Thanh stated that the Economic Committee assessed that the amendments taking effect 5 months earlier for newly passed laws that have not yet come into effect, with many new, important, complicated contents and great impacts, need to be considered very carefully.

Instead, spend the remaining time carefully preparing, ensuring the quality of detailed guidance documents, organizing propaganda, widely disseminating laws, creating unity in awareness of law enforcement, and ensuring effectiveness when implementing.

Government representative at the discussion session

Chairman Vu Hong Thanh said that the majority of opinions of the Economic Committee believe that, with the content of the draft law dossier sent to the National Assembly Standing Committee for review, the draft law is not qualified to be passed at the 7th session. However, Mr. Thanh said that it can be considered if the draft law dossier and draft law are further completed.

Specifically, there are solutions to ensure implementation conditions; perfecting the content of transitional provisions to ensure that no legal gaps are created due to different effects of the law and transitional provisions; not causing conflicts with related laws; having solutions to overcome adverse impacts (if any)...

No confusion, congestion, or difficulty

Concluding this content, Vice Chairman of the National Assembly Nguyen Duc Hai affirmed that, through discussion, the National Assembly Standing Committee agreed to submit to the National Assembly for consideration and decision the law on amending and supplementing a number of articles of the Land Law, Housing Law, Real Estate Business Law, and Credit Institutions Law at the ongoing 7th session.

The National Assembly Standing Committee also requested the Government to promptly issue instructions to ministries, branches and localities to issue guiding documents, ensure quality and progress, and fully prepare conditions for the implementation of the law from August 1. At the same time, carefully review the transitional provisions to ensure consistency, synchronization, feasibility, and no overlap or contradiction within the laws, between the laws and the legal system.

Vice Chairman of the National Assembly Nguyen Duc Hai concluded the working session.

The National Assembly Standing Committee also requested the Government to clearly identify all risks, challenges, and negative consequences of adjusting the effective time and transitional provisions of laws in order to have solutions to control and overcome them.

"The Government needs to commit and take full responsibility before the National Assembly and the people for the effectiveness of adjusting the enforcement and transitional provisions of laws; not creating legal or judicial gaps or allowing negativity, policy exploitation, legalization of violations, and group interests," Mr. Hai stated.

The National Assembly Standing Committee also requested the Government to commit not to cause obstacles, congestion, or difficulties for localities, people, and businesses, hinder development, and not create negative legal effects that affect the rights of affected subjects, the investment and business environment, and the legitimate rights and interests of people, businesses, and credit institutions, leading to social reactions, complaints, and lawsuits that affect security, order, and social safety.

Mr. Hai suggested that the Government study and fully absorb the opinions of the members of the National Assembly Standing Committee and the opinions of the examining agencies, and complete the draft law dossier to send to the National Assembly. The Economic Committee, in coordination with the Law Committee and the examining agencies, will officially submit it to the National Assembly for consideration and decision at the 7th session according to the 1-session process.

Source: https://thanhnien.vn/luat-dat-dai-co-hieu-luc-som-hon-se-khoi-thong-nguon-luc-18524061317505434.htm