Review and ensure consistency in the legal system

At the discussion session of the group giving comments on the draft Law on Real Estate Business (amended) on the afternoon of June 19, the opinions of National Assembly deputies in Group 14 all agreed with the necessity of comprehensively amending the draft Law; at the same time, it was suggested that it is necessary to continue reviewing and comparing with related draft Laws, ensuring the consistency of the legal system...

*Delegate Nguyen Huu Thong - Deputy Head of the Provincial National Assembly Delegation discussed.*

Specifically comment on point g, clause 2, Article 21 of the draft Law stipulating that the lessee of a house or construction work has the right to "Unilaterally terminate the performance of the contract when the lessor commits one of the following acts: Failure to repair the house or construction work when the house or construction work is not safe for use or causes damage to the lessee; unreasonable increase in the rental price of the house or construction work; the right to use the house or construction work is restricted due to the interests of a third party". Delegate Nguyen Huu Thong - Deputy Head of the Provincial Delegation of National Assembly Deputies said that the above regulation is not really complete and comprehensive because in the case that the lessee intentionally damages the house or construction work, the lessee must be obliged to repair the house or construction work, not the lessor. In addition, the draft does not have detailed regulations on unreasonable increase in rental price of houses or construction works. Therefore, the delegate proposed to amend and supplement in the direction that the lessee of a house or construction work has the right to "Unilaterally terminate the performance of the contract when the lessor commits one of the following acts: Failure to repair the house or construction work when the house or construction work is not safe for use or causes damage to the lessee without the fault of the lessee; increasing the rental price of the house or construction work not in accordance with the agreement in the contract or legal regulations; the right to use the house or construction work is restricted due to the interests of a third party".

Regarding the conditions for future housing and construction works to be put into business, Clause 2, Article 25 stipulates: “Before selling or leasing future housing, the project investor must notify the competent authority in charge of real estate market management that the housing is eligible for sale or lease purchase. The competent authority in charge of real estate business management at the provincial level is responsible for checking the conditions of the housing put into business and responding in writing if the housing is not eligible for sale or lease purchase.”

The delegate believes that the above regulation is not sufficient as it does not stipulate a time limit for the provincial-level real estate business management authority to check the conditions of the houses put into business and respond in writing if the houses do not meet the conditions for sale or lease-purchase. Therefore, the delegate proposes to add a time limit for responding in writing not exceeding 15 days from the date of receipt of the project investor's notice for the provincial-level real estate business management authority to implement...

img_9678(1).jpeg — *National Assembly Deputy Tran Hong Nguyen participated in the discussion.*

Participating in the discussion, according to National Assembly Deputy Tran Hong Nguyen, the draft law adds a number of legal relations related to real estate in Article 10, Clause 3. However, these relations are currently regulated by a number of other laws such as the Civil Code, the Bankruptcy Law, the Law on Credit Institutions, etc. Therefore, the delegate suggested that the drafting agency review the content related to legal relations, because it may overlap with other laws.

At point d, clause 4, Article 24 of the draft Law stipulates that "Deposits from customers can only be received when the housing and construction works have met all the conditions for being put into business and have conducted transactions in accordance with the provisions of this Law"; delegates found that this deposit regulation is very necessary, however, it needs to be carefully considered, detailed, and more specific to ensure the rights of customers. Regarding the conditions for transferring all or part of a real estate project, delegates said that implementing financial obligations for land with too strict regulations will make it difficult for businesses. Therefore, there needs to be an open direction for businesses to transfer rights and obligations to other units to be able to continue the project...

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