From August 1, 2024, three important laws including the Land Law 2024, the Housing Law (amended) and the Real Estate Business Law (amended) officially take effect.
According to experts, this will be a "boost" for the land, housing and real estate markets when the legal corridor is more open, continuing to improve policy mechanisms, and promptly remove problems. problems, effectively unclogging resources to help the economy develop...
However, for these important laws to soon come to life and be effectively implemented, the most important requirement is that the Decrees, circulars, and guiding documents under the law must ensure completeness and quality. quantity, detail, and specificity to avoid overlap, misuse of the law, or the creation of unfortunate legal loopholes.
Speaking at the seminar "New dynamics, opportunities, challenges from the Land Law 2024 and related laws" organized by Thuong Gia Magazine on August 15, National Assembly delegate Phan Duc Hieu - Standing Member of the Committee The National Assembly's Economy - believes that the promulgation of the Laws on Land , Housing, and Real Estate Business is correct, sufficient and necessary.
According to Mr. Phan Duc Hieu, the Land Law 2024 has 5 basic groups of content including, protecting the legal rights and interests of land users; Access to land helps make the market transparent and fair; improve land use efficiency; land finance policy; effectiveness and efficiency of State management.
In particular, there are 3 directions to have land for production and business: the State recovers land; change land use purpose; If the State does not revoke it, it must be agreed upon. Regarding this issue, according to Mr. Hieu, the Law drafting committee and the Government have reviewed to ensure there is no overlap, no warping, and no gaps.
“If the State wants to recover land to allocate land or lease it to businesses, there are only two common mechanisms: auction or bidding, in a few cases there is land allocation; The land is not through auction or bidding" - Mr. Hieu said.
Meanwhile, Mr. Dao Trung Chinh - Director of the Department of Land Resources Planning and Development (Ministry of Natural Resources and Environment) - said that businesses and real estate project investors need to pay attention to how to access to land, especially paying attention to auction and bidding activities.
In particular, in the case of land allocation or land lease without auction, if the State allocates land without collecting money, businesses must pay attention that the law stipulates cases of land lease without some land rent exemption. years for basic construction, the state allocates designated land.
Mr. Nguyen Van Dinh - Vice Chairman of the Vietnam Real Estate Association - said that with the Land Law 2024, regulations have been amended and supplemented in the direction of "taking people as the focus" and protecting interests. maximum for home buyers.
Faced with the situation of resettlement housing areas being built but abandoned because they are not suitable for people's needs, the Land Law 2024 stipulates that resettlement must be arranged before a decision on land recovery can be made.
In addition, Decree 102/2024/ND-CP of the Government also stipulates in detail the recovery of land due to violations of land law. The law stipulates that, at the end of the extended period (not exceeding 24 months), if the project investor has not yet put the land into use, the State will recover the land without compensation for the land, assets attached to the land and remaining investment costs in land.
“This regulation will put an end to the phenomenon of businesses speculating and hoarding commercial and service land plots in prime locations waiting for price increases or waiting for applications to change the purpose to housing business. Make the most of land resources. Contribute to the health of the real estate market" - Mr. Dinh emphasized.
