To urgently complete draft guiding documents on the Housing Law (amended) and the Law on Real Estate Business (amended) in Vietnam

Regarding this issue, LawNet would like to answer as follows:

On December 17, 2023, the Prime Minister issued Official Telegram 1376/CD-TTg, on continuing to implement drastic, timely, and effective solutions to promote the real estate market to develop safely, healthily, and sustainably.

To urgently complete draft guiding documents on the Housing Law (amended) and the Law on Real Estate Business (amended) in Vietnam

Specifically, the Prime Minister requested the Minister of Construction to urgently develop and complete draft documents detailing and guiding the implementation of the Law on Housing (amended) and the Law on Real Estate Business (amended), especially regulations on the order and procedures for implementing commercial housing Schemes, social housing, and new urban areas to ensure simultaneous effect with the Laws, avoiding legal gaps.

At the same time, focus on implementing the following key tasks:

- Continue to promote the role and responsibility of the Prime Minister's Head of the Working Group, make the Working Group's activities more drastic, stronger, and more comprehensive, and promptly guide, remove difficulties and obstacles in legal procedures, speed up the implementation progress of real estate Schemes, especially housing Schemes, urban areas, and large industrial parks, with spillover effects; accelerate decentralization and authorization; and cut unnecessary administrative procedures.

Strengthen inspection and examination of the handling of administrative procedures related to real estate Schemes; resolutely handle cases that cause difficulties, inconveniences, and circular handling that causes delays for people and businesses.

- Actively speed up the progress of resolving administrative procedures related to real estate Schemes under authority, especially the procedures for preparing, appraising, and approving construction planning, urban planning, procedures for appraising design documents, and procedures for checking and accepting work.

- Continue to monitor, direct, urge, and guide localities and businesses to promote social housing development, further promoting the implementation of the Scheme "Invest in building at least 1 million social housing apartments for low-income people and industrial park workers in the period 2021–2030."

- Propose new, more effective solutions to strongly promote disbursement for social housing and report to the Prime Minister before December 31, 2023.

To prioritize accelerating the progress of industrial real estate Schemes for social housing and worker housing in Vietnam 

For localities, the Prime Minister requests the Chairmen of the People's Committees of provinces and centrally run cities:

- Direct the authorities to focus on further accelerating the progress of investment procedures, land allocation, and land leases. Determine land prices and soon implement real estate Schemes, with priority given to accelerating the progress of industrial real estate Schemes, social housing, and worker housing. Urgently thoroughly grasp each unit, officer, civil servant, and employee to seriously implement the Prime Minister's instructions in Official Telegram 280/CD-TTg in 2023; Resolutely not let fear of making mistakes, avoiding or shifting responsibility affect the progress of real estate Schemes.

- Review, compile statistics, and synthesize the list of real estate Schemes being implemented in the area; Focus on classifying and identifying legal difficulties, causes, and competent authorities to resolve them; Direct the authorities to focus on thoroughly handling and immediately considering and deciding problems within their authority, especially problems related to land allocation, land leases, and the determination of specific land prices;

Every quarter, summarize the results of handling and removing difficulties and obstacles for Schemes in the area according to authority, and problems beyond authority are sent to the Prime Minister's Working Group and jointly sent to the Prime Minister for direction, consideration, and resolution.

- Direct the Department of Natural Resources and Environment, the Department of Finance, and related agencies to organize land valuation according to their authority and be responsible to the Prime Minister if delays occur, which will affect the progress of the implementation of investment Schemes. In case of problems, send a document to the Ministry of Natural Resources and Environment for timely guidance and resolution.

- Accelerate the preparation and approval of plans, especially construction plans and urban plans, as a basis for implementing Schemes, especially commercial housing Schemes, at reasonable prices, which note the planning for the development of social housing Schemes and worker housing. Publicize and introduce land funds for investment in social housing construction; publicly announce the list of real estate Schemes that must select investors in the form of bidding so that businesses have full information; proactively research; register to participate; and propose investments in an open and transparent manner.

Focus on effectively implementing the Scheme "Investment and construction of at least 01 million social housing apartments for target groups in the period 2021–2030" and the VND 120,000 billion credit program for Schemes to build social housing, housing for workers, renovate, and rebuild apartments. If there is a legal problem, whose jurisdiction is it? Which agency? Then propose to that level, and the responsible person will handle it.

More details can be found in Official Telegram 1376/CD-TTg, dated December 17, 2023.

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