Comments on the draft amendments to the Law on Real Estate Business and the Law on Housing

Ms. Thai Thi An Chung - Member of the Provincial Party Committee, Deputy Head of the Provincial National Assembly Delegation chaired the conference. Also attending were National Assembly delegates from Nghe An delegation, representatives of departments, branches, People's Committees of districts and related associations.

DraftLaw on Real Estate Business (amended)including 10 chapters, 84 articles regulating the conditions and procedures for business activities in the real estate sector. Through previous amendments, a number of issues have been agreed to be accepted, explained and adjusted, such as the relationship with the Land Law and other related laws, conditions for organizations and individuals when doing real estate business; on guarantees in the sale and lease-purchase of future housing; on the construction and management of information systems and data on housing and the real estate market; on the regulation of the real estate market... However, through the examination of the Economic Committee - National Assembly, there are still a number of issues that need to be commented on and clarified...

Similar,Amended Housing Lawconsisting of 13 chapters and 196 articles. Through many comments, the Housing Law has been gradually revised and improved in structure. However, through discussions at the most recent session, the National Assembly Standing Committee found that there are still some new and complicated issues that have not been verified and clearly shown in the Housing Law, typically the type of mini apartments, so it is necessary to continue to receive additional comments.

After the question raised by the Provincial National Assembly Delegation, representatives of departments and branches took turns to contribute additional comments to the Laws. Accordingly, Nghe An Department of Construction proposed to clarify the case of selling and renting houses for business purposes, then they must be managed and taxed; similarly, if houses are built for sale and rent for business purposes, then they must go through the floor; there must be regulations on conditions to distinguish between deposits for real estate formed in the future according to the Civil Law or the Law on Real Estate Business for management and supervision.

In addition, it is necessary to clarify the basis for calculating selling prices and lease-purchase prices; propose to build a legal corridor so that real estate and housing projects can be transferred when they meet the conditions for supervision by competent authorities; clarify the cases where the regulations are different between the Land Law and the Law on Real Estate Business, in which cases the investor transfers or leases housing, it must be notarized and notarized is not required...

Next, the representativeSoutheast Economic Zone Management BoardThrough the evaluation of dormitory models and accommodation areas for experts and workers of FDI enterprises in the area, it is proposed to add the concept of accommodation areas for workers to have a mechanism and arrange land funds for social housing for workers more conveniently.

At the conference, opinions also agreed with the plan of the National Assembly Standing Committee in this draft, which is not to include the General Confederation of Labor in investing in social housing projects for workers, because from the reality, the social housing project that the Confederation of Labor implemented in Nghi Kim commune (Vinh city) encountered many difficulties and obstacles due to lack of investment sources; at the same time, it was recommended to remove the regulation that all real estate transactions must go through the floor...

Appreciating the practical significance and sense of responsibility of representatives of departments, branches, experts and professional associations when contributing opinions to these two draft laws, Ms. Thai Thi An Chung - Deputy Head of the Provincial National Assembly Delegation said that she will receive 11 comments to select, synthesize and submit to the Drafting Committee and contribute opinions to the National Assembly to perfect the Housing Law (amended) and the Real Estate Business Law (amended) in the coming time.