The Land Law, Housing Law, and Real Estate Business Law all take effect from August 1, 2024.
Consisting of 5 Articles and taking effect from August 1, 2024, the Law stipulates amendments and supplements to a number of articles of the Land Law No. 31/2024/QH15, such as amending and supplementing Clause 2, Article 251: "Abolish Resolution No. 132/2020/QH14 dated November 17, 2020 of the National Assembly piloting a number of policies to remove difficulties and backlogs in the management and use of national defense and security land in combination with labor production and economic construction activities from January 1, 2025.". Amend and supplement Clause 1, Article 252 "This Law takes effect from August 1, 2024, except for the cases specified in Clauses 2 and 3 of this Article".
In addition, amend and supplement Clause 10, Article 255: “Investment projects in the case of land allocation and land lease not through the form of land use rights auction according to the provisions of Land Law No. 45/2013/QH13, relevant laws and in accordance with land use planning and plans but have not been allocated or leased land, shall continue to carry out the next steps in the order and procedures for land allocation and land lease to allocate land and lease land to investors and project owners according to the provisions of this Law if they fall into one of the following cases:
a) The project has selected investors and project owners in accordance with the provisions of the law on investment, the law on housing, and the law on bidding from July 1, 2014 to before August 1, 2024;
b) Projects for which investors have submitted valid documents to carry out procedures for selecting investors and project owners before August 1, 2024 and have selected investors and project owners before January 1, 2025.
The selection of investors and project owners for projects specified in this point shall be carried out in accordance with the provisions of the law on investment, the law on housing, and the law on bidding in effect at the time of dossier submission.
At the same time, the Law also amends and supplements Clause 1, Article 197 of the Housing Law No. 27/2023/QH15; amends and supplements Clause 1, Article 82 of the Real Estate Business Law No. 29/2023/QH15; and amends and supplements Clause 2, Article 209 of the Law on Credit Institutions No. 32/2024/QH15, effective from August 1, 2024.
Do not let problems arise due to lack or delay in issuing documents.
Previously, presenting the Report on receiving, revising and explaining 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, the Law on Credit Institutions No. 32/2024/QH15, Chairman of the Economic Committee Vu Hong Thanh stated that many opinions agreed with the necessity of promulgating laws to adjust the effectiveness of the four laws, however, they were concerned about ensuring the conditions for the implementation of the Law.
There are opinions suggesting to keep the validity of the laws from January 1, 2025 so that from now until January 1, 2025, agencies focus on developing Decrees and Circulars carefully and with quality, and localities have access to those Decrees and Circulars to develop local guidance documents.
There are suggestions to clarify the effective date of the laws as August 1, 2024.
There are opinions that the Government has submitted a proposal to amend and supplement a number of articles of the Land Law, Housing Law, Real Estate Business Law, and Credit Institutions Law, so the Government must be responsible for that proposal.
The National Assembly Standing Committee stated that the 2024 Land Law, the 2023 Housing Law and the 2023 Real Estate Business Law have institutionalized many new policies and guidelines of the Party and State, overcoming the limitations and difficulties of previous laws.
At the same time, there are many innovative and progressive regulations that are expected by the people and society to create momentum for socio-economic development in the new period. At the same time, many regulations in the laws can be applied immediately without the need for detailed guidance documents.
The early implementation of the 2024 Land Law, 2023 Housing Law and 2023 Real Estate Business Law is not only a wish but also a requirement of the National Assembly when voting to pass these laws.
Some opinions suggested caution and calculating the appropriate time for the Law to take effect due to concerns about the progress and roadmap for developing and promulgating detailed guiding documents for the implementation of the Law, which are the responsibility of localities; the volume of documents assigned to localities to promulgate is large, many documents must be based on decrees or circulars of ministries and branches while these documents have not been promulgated, at the same time, local documents must still be implemented in accordance with the provisions of the Law on Promulgation of Legal Documents.
If the Law is passed, the time for localities to issue documents under their authority is very urgent. We request that the Government clearly identify and fully assess the risks, challenges, difficulties, and problems that may arise and have appropriate solutions.
The Standing Committee of the National Assembly finds that the opinions of the National Assembly deputies are completely valid. Therefore, it is recommended that the Government closely direct the issuance of detailed regulations and implementation instructions by ministries, branches and localities, avoiding problems due to lack or delay in issuing specific documents, and avoiding the situation where circulars "wait" for decrees and local documents "wait" for detailed regulations and instructions from the Central Government.
Fully prepare conditions for the implementation of the Laws from August 1, 2024 when this Law is passed by the National Assembly; be responsible according to the provisions of the Constitution and laws for the organization of the implementation of the 2024 Land Law, the 2023 Housing Law, the 2023 Real Estate Business Law, and the 2024 Law on Credit Institutions to ensure effectiveness and efficiency.
In addition, the Standing Committee of the National Assembly will direct the Council of Nationalities and the Committees of the National Assembly, based on their assigned functions and tasks, to supervise the promulgation of legal documents related to the content of these laws.
Source: https://daibieunhandan.vn/thoi-su-quoc-hoi/quoc-hoi-thong-qua-luat-sua-doi-bo-sung-4-luat-3-luat-se-cung-co-hieu-luc-tu-1-8-2024-i377402/
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