Review to avoid legal conflicts
On the morning of 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.
Speaking at the discussion session of Group 13, delegate Pham Trong Nghia ( Lang Son ) expressed high agreement and support for the law to take effect soon.
According to the delegate, the Government's drafting of the law and submission to the National Assembly for consideration in the shortened order is within its authority and in accordance with the law. The draft law dossier basically meets the provisions of Clause 3, Article 148 of the Law on Promulgation of Legal Documents.
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Delegate Pham Trong Nghia (Lang Son) speaks. (Photo: DUY LINH) |
Going into some specific contents, the delegate said that according to the provisions of the draft law, some transitional provisions of the Land Law will continue to take 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 contents of the 3 laws will take effect from August 1, 2024.
Therefore, delegate Nghia proposed to review to avoid legal conflicts because the transitional contents of the Land Law directly affect the transitional contents of the Housing Law.
Specifically, Clause 10, Article 255 of the Land Law on transition for investment projects, including housing construction investment projects, will take effect on January 1, 2025, while the Housing Law takes effect on August 1, 2024, which may lead to a case where a housing construction investment project must transition twice at two different effective dates of 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 delegate said that there are many authorities assigned to local authorities as stated in the Verification Report: 20 contents for the 2024 Land Law, 10 contents for the 2023 Housing Law.
Thus, according to the delegate, if the law takes effect 5 months earlier, it will cause difficulties for local authorities, households and individuals in preparing conditions for implementation.
Although the Government has made a commitment in Submission 322, the delegate also requested that local National Assembly deputies further evaluate this issue, and at the same time recommended promoting the drafting of detailed regulations and propaganda and dissemination work to ensure effective implementation when the law comes into effect.
Prepare carefully to ensure effective implementation of the law.
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Delegate Le Minh Nam (Hau Giang) speaks. (Photo: DUY LINH) |
To ensure effective implementation when the laws take effect sooner, delegate Le Minh Nam (Hau Giang) suggested that the Government pay attention to and evaluate the comprehensive impact when pushing the early implementation 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 people in order to have appropriate solutions, ensuring optimal benefits for the state, businesses, and people.
In addition, it is necessary to assess more clearly and deeply the conditions for ensuring implementation when the laws come into effect.
Speaking at the discussion at Group 8, delegate Le Kim Toan (Binh Dinh) also expressed his agreement with the amendment of a number of articles of the above 4 laws according to the Government's proposal, affirming that this is a very high determination of the Government and central ministries and branches to soon put the law into practice, especially the 2024 Land Law.
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Delegate Le Kim Toan (Binh Dinh) speaks. (Photo: TRUNG HUNG) |
The 2024 Land Law was passed by the National Assembly and will take effect from January 1, 2025. Now the Government has submitted to the National Assembly permission for the law to take effect 5 months earlier, starting from August 1, 2024. Delegate Toan said that this meets the practical requirements of life.
Delegates suggested that guidance documents should be issued soon so that localities have enough time to prepare and promptly issue implementation documents according to their authority before August 1.
“The Government needs to actively and urgently review in a synchronous manner to ensure that by August 1, when laws and regulations come into effect, the system of guiding documents has been issued and is simultaneously effective for implementation, without any delays or bottlenecks,” the delegate stated.
According to delegate Toan, in order to implement unity and synchronization in the legal system, the enforcement of related laws also needs to be adjusted to avoid overlap and delay in related legal documents.
Regarding the Land Law, the Binh Dinh delegation also proposed that the Government study and issue detailed regulations on new land price calculation methods, especially the need to carefully calculate the contents related to industrial infrastructure, serving development to both exploit the potential, advantages, and value of land, and create competitive advantages, solve employment...
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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