Implementation of 3 laws still faces difficulties
Recently, documents detailing the Housing Law 2023, the Real Estate Business Law 2023, and the Land Law 2024 have been urgently developed and promulgated, taking effect from August 1, 2024 at the same time as the laws.
According to the September 2024 market newsletter of the Vietnam Association of Realtors (VARS), after more than 1 month of implementation, law enforcement still has many problems, due to both objective and subjective reasons.
The first problem is related to the adjustment of the land price list. Clause 1, Article 257 of the 2024 Land Law stipulates: The land price list issued by the provincial People's Committee in accordance with the provisions of the Land Law No. 45/2013/QH13 shall continue to be applied until December 31, 2025; if necessary, the provincial People's Committee shall decide to adjust the land price list in accordance with the provisions of this law to suit the actual situation of land prices in the locality.
However, the failure of localities to promptly adjust or to adjust land price lists that have increased at a sudden high rate while other new land laws have been applied has led to potential risks to the real estate market and socio-economic development in general.
Therefore, some localities still use the land price in the current land price list as the starting price for auctioning land use rights when the State allocates land, making the starting land price inconsistent with the actual land price conditions, causing the land price in the auction result to differ greatly from the starting price, creating sudden and unusual changes. At the same time, it can also cause loss of revenue for the State budget.
On the other hand, some localities have adjusted land prices to increase dramatically, with a huge difference compared to the current land price list.
The lack of implementation guidance documents is also the main cause of difficulties in implementing social housing in many localities. After more than 1 month of implementation, many localities still face difficulties in confirming housing status and income conditions because the agencies directly enforcing the law with the people do not have a basis for implementation guidance.
Third, there are difficulties in implementing procedures for granting certificates of land use rights and ownership of assets attached to land for land without documents - a positive change of the 2024 Land Law, due to changes in the agency that grants red books to people.
Strengthen training on new regulations
According to VARS experts, localities need to urgently organize conferences to disseminate and train on new regulations of land law, housing law, and real estate business law so that specialized agencies and specialized officers can understand correctly and fully.
At the same time, listen to the difficulties and problems of those directly affected by these regulations. Then "boldly" advise the locality and the ministry to prepare guiding documents within their authority, and promptly resolve the problems for the people.
At the same time, it is necessary to publicly announce administrative procedures on the Government's Public Service Portal, local electronic information portals, and publicly post them at places where administrative procedures are received according to the law so that people and businesses know how to implement and monitor the implementation.
