Review to avoid conflicts of law.
On the morning of June 20th, continuing the program of the 7th Session, the National Assembly held group discussions on 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.
Speaking at the discussion session of Group 13, delegate Pham Trong Nghia ( Lang Son ) expressed strong agreement and support for the law taking effect soon.
According to the delegates, the Government's drafting of the bill and submission to the National Assembly for consideration through an expedited procedure is within its authority and follows the legally prescribed procedures. The bill's dossier basically meets the requirements of Clause 3, Article 148 of the Law on Promulgation of Legal Normative Documents.
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Delegate Pham Trong Nghia (Lang Son) delivers a speech. (Photo: DUY LINH) |
Going into some specific details, the representative stated that, according to the draft law, some transitional provisions of the Land Law will continue to be in effect from January 1, 2025 (Clause 10, Article 255 and Clause 4, Article 260), while the policy provisions of the Land Law and all remaining content of the three laws will be in effect from August 1, 2024.
Therefore, Representative Nghia proposed a review to avoid conflicts of law arising from the transitional provisions of the Land Law directly affecting the transitional provisions of the Housing Law.
Specifically, Clause 10 of Article 255 of the Land Law, regarding transitional provisions for investment projects, including housing construction investment projects, will take effect on January 1, 2025, while the Housing Law will take effect on August 1, 2024. This could lead to a situation where a housing construction investment project has to undergo transitional periods twice, at two different effective dates for the two laws.
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National Assembly Chairman Tran Thanh Man attends the discussion session at Group 13. (Photo: DUY LINH) |
Regarding feasibility, the delegates noted that there are many powers delegated to local authorities as stated in the Verification Report: 20 provisions for the 2024 Land Law and 10 provisions for the 2023 Housing Law.
Therefore, according to the delegates, if the law takes effect 5 months earlier, it will create difficulties for local authorities, households, and individuals in preparing the necessary conditions for implementation.
Although the Government has made commitments in Report 322, the delegates also requested that local National Assembly delegates further assess this issue, and suggested strengthening the drafting of detailed regulations and the dissemination of information to ensure effective implementation when the law comes into effect.
Thorough preparation ensures effective implementation of the law.
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Delegate Le Minh Nam (Hau Giang) delivers a speech. (Photo: DUY LINH) |
To ensure effective implementation when laws come into effect earlier, Representative Le Minh Nam (Hau Giang) suggested that the Government pay attention to and comprehensively assess the impact of accelerating the effective date of the four laws.
In particular, it is necessary to focus on clarifying the impacts on the legitimate rights and interests of the state, businesses, and citizens in order to find appropriate solutions that ensure optimal benefits for the state, businesses, and citizens.
Furthermore, a clearer and more in-depth assessment of the conditions for ensuring implementation when the laws come into effect is needed.
Speaking at the discussion in Group 8, delegate Le Kim Toan (Binh Dinh) also expressed his agreement with the amendment of some articles of the four laws as presented by the Government, affirming that this is a very high determination of the Government and central ministries and agencies to quickly bring the laws into practice, especially the Land Law of 2024.
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Delegate Le Kim Toan (Binh Dinh) delivers a speech. (Photo: TRUNG HUNG) |
The 2024 Land Law was passed by the National Assembly with an effective date of January 1, 2025. Now, the Government is proposing to the National Assembly to allow the law to take effect 5 months earlier, starting from August 1, 2024. Representative Toan believes that this meets the practical requirements of life.
Delegates suggested that guidance documents should be issued soon so that localities have sufficient time to prepare and promptly issue implementing documents within their authority before August 1st.
"The government needs to proactively and urgently conduct a comprehensive review to ensure that by August 1st, when the laws and regulations come into effect, the guiding documents have been issued and are simultaneously in effect for implementation, avoiding delays and bottlenecks," the representative stated.
According to Representative Toan, in order to achieve a unified and synchronized legal system, the enforcement of related laws also needs to be adjusted to avoid overlaps and delays in related legal documents.
Regarding the Land Law specifically, the Binh Dinh delegation also proposed that the Government study and issue detailed regulations on a new method for calculating land prices, especially carefully considering aspects related to industrial infrastructure to serve development, in order to both exploit the potential, advantages, and value of the land, and create a competitive advantage and create jobs…
Source: https://www.vietnam.vn/day-manh-cong-tac-xay-dung-van-ban-quy-dinh-chi-tiet-bao-dam-hieu-qua-trien-khai-khi-4-luat-co-hieu-luc-som/
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