Housing Law takes effect soon, quickly overcomes the shortcomings of mini apartments

This afternoon (June 21), the National Assembly discussed in the hall 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.

The National Assembly listened to the presentation and report on the review of a draft law amending four laws before discussing it in the hall on the afternoon of June 21.

According to the Ministry of Natural Resources and Environment , the early effective regulation of the Housing Law will overcome practical problems that have occurred recently with mini apartments.

On June 20, the Ministry of Natural Resources and Environment reported on some contents of receiving and explaining the review opinions of the National Assembly's Economic Committee on this draft Law.

In the review report, the Economic Committee expressed concern about the provision that the Housing Law takes effect from August 1, 2024 and does not amend the transitional provisions in the Housing Law.

Because this provision does not guarantee the rights of subjects directly affected by the Law, especially in the case of some new policies of the Housing Law 2023 with higher management requirements and stricter implementation conditions, there needs to be enough reasonable transition time for subjects directly affected to prepare the conditions to implement the new policy.

Similar to the 2023 Law on Real Estate Business, according to the Economic Committee, Article 83 allows real estate businesses, real estate service businesses, real estate trading floors, training facilities, real estate brokerage knowledge training, and real estate trading floor operators to supplement (higher) conditions within 6 months from the effective date of the Law (January 1, 2025), that is, until July 1, 2025.

Many opinions are concerned about the earlier adjustment of the Law on Real Estate Business 2023, the above subjects must add (higher) conditions 5 months earlier (from February 1, 2025). Regarding this content, Government agencies commented: "Adding conditions according to the provisions of the Law on Real Estate Business 2023 is easy to implement".

However, the Economic Committee believes that, in order to ensure the feasibility of adjusting the effectiveness of the 2023 Law on Real Estate Business earlier for this higher requirement, the Government needs to report and clarify the preparation of conditions to ensure the effectiveness and efficiency of the implementation of this regulation, support solutions, and handling of difficulties (if any) to ensure that there is no negative impact on business activities as well as the legitimate rights and interests of the people, ensuring the goal of creating favorable conditions for the development of the real estate market as proposed in the Government's Submission.

Responding to the above content, the Ministry of Natural Resources and Environment said that the Housing Law 2023 strictly regulates the investment in the construction of multi-storey multi-household housing (also known as mini apartments) for sale, lease, or hire-purchase purposes. Accordingly, it is required to establish a housing construction project or invest in construction that meets fire prevention and fighting requirements according to the provisions of the law on fire prevention and fighting; meeting construction investment requirements.

This regulation is to overcome the situation of housing construction that does not meet the requirements in construction investment, leading to fire and explosion situations as happened recently. Therefore, the early effective regulation of the Housing Law will overcome the practical problems that happened in the recent past.

Regarding the Law on Real Estate Business, the report stated that Article 83, which provides transitional provisions for organizations involved in real estate business activities, stipulates a period of 6 months after the effective date of the Law for real estate businesses, real estate service businesses, real estate trading floors, training facilities, real estate brokerage knowledge training, and real estate trading floor operators currently operating to supplement and complete the conditions prescribed by the Law. The 6-month period is basically appropriate for the above-mentioned businesses and organizations to supplement and complete the conditions prescribed by the Law if necessary and in need.

According to the provisions of the Law on Real Estate Business, the requirements for training facilities, fostering knowledge of real estate brokerage practice, and operating real estate trading floors basically inherit the provisions of the Law on Real Estate Business 2014, without creating any new requirements and conditions.

There are stricter regulations on the conditions of real estate businesses and the operating conditions of real estate trading floors. For example, the 2023 Law on Real Estate Business requires real estate trading floors to submit documents to the local state management agency for real estate business before operating to obtain an operating license. For real estate businesses, the 2023 Law on Real Estate Business has additional requirements on ensuring the ratio of outstanding credit and outstanding bond debt to equity.

Currently, the draft Decree detailing and guiding the implementation of the Law on Real Estate Business stipulates that the ratio of outstanding credit and outstanding bond debt to equity capital is not adjusted, applicable to outstanding credit loans and outstanding corporate bonds of real estate project investors that arose before this Decree takes effect.

Regulations on conditions for real estate businesses and operating conditions of real estate trading floors aim to ensure the capacity of businesses when participating in the market, ensure the rights of the people, enhance the role and management responsibility of the state to harmonize the interests of all parties.

Enterprises can easily implement the addition of conditions as prescribed in the 2023 Law on Real Estate Business, so if the Law takes effect early from August 1, 2024, enterprises will still have enough time to add conditions, the report stated.

Source: https://baodautu.vn/batdongsan/luat-nha-o-co-hieu-luc-som-som-khac-phuc-bat-cap-cua-chung-cu-mini-d218228.html