The Prime Minister of Vietnam requests to strengthen the state management of real estate trading, remove difficulties in the real estate market?
Strengthening state management of real estate trading in Vietnam?
This content is mentioned in Resolution 27/NQ-CP in 2023, thematic session on law-making in February 2023, issued by the Government on February 28, 2023.
According to that, the Resolution clearly states that in the coming time, the Government requires ministers and heads of ministerial-level agencies to continue strictly implementing the directions in the Government's resolutions;
Continue to review and evaluate thoroughly and comprehensively the law enforcement, proactively propose amendments and supplements to regulations that are no longer appropriate or have not yet been fully regulated; directly direct the elaboration of law-making proposals and law-projects; prioritizing investment resources in terms of human and financial resources to carry out the task of law-making work, ensuring the progress and quality requirements.
In the process of drafting laws, it is necessary to closely coordinate with agencies of the Communist party, National Assembly, other relevant agencies and organizations to create consensus; strengthen policy communication, create consensus in the process of elaborating and promulgating legal documents, ensuring the consistency and synchronization of the legal system.
In particular, the content of real estate trading in Vietnam is emphasized as follows:
In the project of the Law on Real estate trading (amended), the Government requested the Ministry of Construction to complete the draft Law, ensuring:
- Clarify the principles of applying the Law on Real estate trading in relation to relevant laws: Civil Code, Investment Law, Land Law, Bidding Law, Notary Law, etc., appropriate with the principle of formulating and applying the law in accordance with the provisions of the Law on Promulgation of Legislative Documents.
- Harmoniously handle the relationship between the State, the market and society on the principle that the State will not interfere if the market operates well, ensuring safe, healthy and sustainable market development; at the same time, it is necessary to have appropriate and timely regulatory measures and tools of the State when necessary, ensuring social security and economic stability.
- Strengthen State management of real estate trading, designing appropriate management tools in terms of scope, subjects and authority of all levels, ensuring harmony between the interests of the State, people and enterprises. , market transparency, social justice;
Step up decentralization and decentralization in a reasonable manner to be able to promptly handle arising situations, difficulties and problems, in association with inspection and supervision of the implementation; ensure uniform management from central to local levels of the real estate market; there are inspection and monitoring tools and a mechanism of reward or handling when there is a violation.
- Review the legal provisions of the draft Law on: contracts, notarization, competence, procedures, and conditions for real estate project transfer, etc. to ensure consistency with regulations of the law on notarization, civil, land, investment...
- Reform administrative procedures, prevent and combat corruption and negativity; continue to collect opinions, consult fully and substantively the opinions of the affected subjects, experts, scientists, practical activists; coordinate with agencies to continue receiving and perfecting the Law project, ensuring quality.
The Prime Minister of Vietnam requests to strengthen the state management of real estate trading, remove difficulties in the real estate market?
Request to continue to remove difficulties for the real estate market, the corporate bond market?
On March 3, Prime Minister of Vietnam Pham Minh Chinh chaired the regular Government meeting in February 2023.
According to that, the Government of Vietnam believes that our country still has many difficulties and challenges to be faced, and it is necessary to be consistent, persistent and steadfast in the goals of maintaining macroeconomic stability, controlling inflation, promoting growth, ensuring major balances of the economy, in which the problem of capital market, real estate and corporate bonds is still facing many difficulties:
- Requesting to accelerate the disbursement of public investment capital, urgently allocating in detail the entire budget capital plan in 2023, strictly managing and accelerating the progress of key projects, especially transport projects, establish a working group to prepare for investment, strengthen the activities of 6 working groups, and solve difficulties and problems at the grassroots level.
- Removing difficulties, promoting production and business development, creating jobs and livelihoods for people.
Accelerating the implementation of strategic breakthroughs, especially reviewing and perfecting institutions and laws; In the face of practical problems and problems that life poses, priority must be given to solving them immediately. Review and have appropriate solutions, contributing to removing difficulties for various markets, especially the real estate market.
Need to flexibly regulate the Housing Development Program for the locality according to Resolution 27/NQ-CP?
In Resolution 27/NQ-CP in 2023 clearly stating, regarding the project on Housing Law (amended), the Government of Vietnam requires to ensure the following requirements:
- Regulations on policies for apartment buildings: The term of use of the apartment building; cases in which the apartment building must be demolished; rights, obligations and responsibilities of the subjects, in accordance with the Constitution, unified and synchronized with the provisions of the Civil Code, the Construction Law and the Land Law, ensuring the harmony of the interests of the people, State and enterprises.
- It is necessary to flexibly regulate the housing development program for the locality, cut down on administrative procedures so that the locality can actively implement it; stipulating the responsibility of the People's Committee of the province in planning and arranging the land fund for construction of social houses within the land fund for construction of houses of the province, not stipulating the proportion of land area reserved for social housing with each project to be flexible, in line with reality;
Having an effective mechanism to mobilize resources of the private sector for social housing development, attaching the responsibility of investors in social housing construction, contributing to the effective implementation of the Government's goals in the drastic implementation of the investment project to build at least 01 million social housing apartments for low-income people and industrial park workers in the 2021-2030 period.
- Completing the regulations that investors are allowed to allocate their own land fund for construction of commercial and service works within the scope of social housing projects, ensuring harmony between the interests of the people, the State and investors, promote development, ensure publicity, transparency, consistent with the draft Land Law (amended) and relevant laws, on the arrangement of land fund for social housing development, regulations in case there are 02 or more investors, bidding for investor selection shall be carried out in accordance with the law on bidding, ensuring fairness among investors.
- Determining the selling, leasing, or leasing-purchase prices of social houses that are not built by the State on the basis of correct calculation and full calculation of reasonable and valid expenses of enterprises, normative profits and does not include the State's incentives; publicly, transparently and harmoniously the interests of the parties to encourage enterprises to invest.
- Continue to study and finalize regulations allowing investors with the right to use residential land or other land (except for agricultural land, non-agricultural land with annual rental payment) to implement commercial housing projects, in accordance with the planning when fully qualified as an investor; adopt a policy on house ownership of foreign organizations and individuals attached to leased land in order to be consistent with reality.
- To ensure consistency and synchronization between the Laws: Housing, Real estate trading, Land and other specialized laws with the Law on Notary, it is necessary to amend in the direction of: Housing Law and specialized laws other regulations specifying that transactions must be notarized or authenticated on housing and other assets; The Law on Notarization stipulates the order and procedures for notarizing such transactions; carefully review and ensure that the draft Law on Housing (amended) is consistent and synchronized with the Laws: Investment, Real estate trading, Land, Construction, Management and Use of Public Property, etc.
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