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Perfecting the legal framework for real estate business activities

Báo Chính PhủBáo Chính Phủ17/06/2024

(Chinhphu.vn) - Chairing a direct and online meeting on the draft Decree detailing a number of articles of the Law on Real Estate Business (Draft Decree), on the morning of June 17, Deputy Prime Minister Tran Hong Ha emphasized: What has not been regulated but has been in practice and is recognized must be institutionalized more specifically and clearly, not repeating the law.
Hoàn thiện hành lang pháp lý cho hoạt động kinh doanh bất động sản- Ảnh 1.

Deputy Prime Minister Tran Hong Ha requested the drafting agency to review existing real estate transfer procedures, based on a digital platform, and not create new procedures - Photo: VGP/MK

Clarifying the concept of office and apartment combined with hotel services

In response to comments from members of the Government (Ministry of Natural Resources and Environment, Ministry of Planning and Investment, Ministry of Justice , Ministry of Finance, State Bank of Vietnam, etc.), Deputy Minister of Construction Nguyen Van Sinh explained and clarified a number of issues related to projects whose sole purpose is to invest in construction or invest in real estate projects. Does the investor have the right to transfer land and sell assets attached to land to organizations and individuals? Information that needs to be made public about real estate and real estate projects put into business according to regulations; detailed regulations on determining small-scale real estate business; real estate business projects within the scope of the law on bidding.

Some other issues were also explained and clarified regarding the regulations on the transfer of investors providing documents recognizing the investor due to current laws on housing, investment, land, and bidding; responsibility for implementing measures to regulate the real estate market; funding for granting real estate brokerage practice certificates; confirmation of transactions through real estate trading floors; cases where credit institutions, foreign bank branches, debt management and asset exploitation companies of credit institutions, asset management companies of Vietnamese credit institutions transfer all or part of a real estate project to handle assets secured for debt recovery, etc.

At the meeting, opinions focused on construction works and construction floors used for other business fields combined with providing accommodation, tourism and hotel services.

The Deputy Prime Minister requested that the drafting agency clarify some new concepts about mixed-use buildings: office buildings combined with accommodation (Officetel), apartments combined with accommodation (Condotel), which are office buildings combined with hotel services, and apartments combined with hotel services.

"What has not been regulated but has been in practice, recognized and stated in the law must be institutionalized more specifically and clearly, not just repeated in the law," said the Deputy Prime Minister.

Discussing the regulations on public disclosure of information on real estate, real estate projects put into business and the responsibility for verifying information, Prof. Dr. Hoang Van Cuong, a delegate of the 15th National Assembly, suggested that in case an enterprise does not have a website or information portal, it must publish on the website, real estate trading floor in the area where the real estate is located; publish on the housing information system and real estate market of the Ministry of Construction before putting into transaction and only end after the transaction is completed; the responsibility for verifying the information published by the enterprise...

Hoàn thiện hành lang pháp lý cho hoạt động kinh doanh bất động sản- Ảnh 2.
Hoàn thiện hành lang pháp lý cho hoạt động kinh doanh bất động sản- Ảnh 3.
Hoàn thiện hành lang pháp lý cho hoạt động kinh doanh bất động sản- Ảnh 4.
Hoàn thiện hành lang pháp lý cho hoạt động kinh doanh bất động sản- Ảnh 5.

Delegates give comments on conditions to ensure the operation of real estate trading floors; regulations on real estate brokerage and granting of real estate brokerage practice certificates - Photo: VGP/MK

Clearly define the conditions for individuals doing real estate business.

Contributing to the regulation on credit balance and corporate bond balance over the equity of real estate businesses, leaders of the Ministry of Finance and the State Bank requested the Ministry of Construction to study and specifically regulate the ratio of total outstanding debt (credit, bonds) of businesses over the total equity of real estate businesses, not over the total investment of the entire project.

Regarding the conditions for individuals doing small-scale real estate business, Prof. Dr. Hoang Van Cuong, Dr. Can Van Luc, Dr. Le Xuan Nghia proposed a number of criteria for the drafting agency to consider: Sales and rental revenue; total investment; number of real estate businesses in 1 year.

The Deputy Prime Minister requested the Ministry of Construction to absorb and carefully study to have very specific criteria based on revenue for individuals doing real estate business, and supplement regulations on individuals doing business in real estate formed in the future.

Delegates also gave suggestions on perfecting regulations on procedures for notifying future housing eligible for sale, lease-purchase, and transfer of all or part of a real estate project; adding types of real estate business contracts in electronic form; conditions for ensuring the operation of real estate trading floors; regulations on real estate brokerage and granting of real estate brokerage practice certificates; measures to regulate the real estate market, etc.

Dr. Can Van Luc and Dr. Hoang Van Cuong proposed that the Ministry of Construction decentralize to localities and qualified organizations to train and manage real estate brokerage activities; develop a set of criteria to determine price indexes, real estate transaction indexes, and inventory time of a property to serve the regulation of the real estate market.

Dr. Nguyen Van Khoi, Chairman of the Vietnam Industrial Real Estate Association, proposed adding social housing to the scope of regulation in the real estate market.

Hoàn thiện hành lang pháp lý cho hoạt động kinh doanh bất động sản- Ảnh 6.

Deputy Prime Minister Tran Hong Ha assigned the Ministry of Construction to continue working with ministries, branches and experts to revise and complete the Draft Decree within the set deadline - Photo: VGP/MK

The Deputy Prime Minister requested the drafting agency to review existing real estate transfer procedures based on a digital platform, and not create new procedures.

The Decree needs to promote decentralization in the management of real estate floor activities, providing real estate services in the direction of digitalization, integrating procedures, not creating new procedures; clarifying legal responsibilities, content of activities, facilities to ensure safety, network security, business and personal information, and the ability to connect with other real estate floors.

The Ministry of Construction is responsible for developing the knowledge framework, conditions for organizing examinations, conducting inspections, supervising training activities, granting real estate brokerage practice certificates, public announcement, establishing databases and sanctions for violations...

The Deputy Prime Minister assigned the Ministry of Construction to continue working with ministries, branches and experts to revise and complete the Draft Decree within the set deadline.

Minh Khoi

Source: https://baochinhphu.vn/hoan-thien-hanh-lang-phap-ly-cho-hoat-dong-kinh-doanh-bat-dong-san-102240617153637487.htm

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