📋 Tender Overview
Continuing the program of the First Extraordinary Session, on the afternoon of August 19, National Assembly delegates discussed in groups about policy orientations to amend the Land Law in 2024; Housing Law 2023 and Real Estate Business Law. Download Delegate Tran Dinh Gia (Ha Tinh province) commented at the discussion session on the afternoon of August 19 - Photo: chinphu.vn/Dieu AnhNeed to give adequate incentives to investors of social housing projects. Commenting on the form of social housing development in Article 64 and investors of social housing projects in Article 67 of the draft Housing Law, delegate Tran Dinh Gia (Ha Tinh province) said, At Point c, Clause 2, Article 96, the draft has identified capital from the local development investment fund and other non-budget state financial funds as the States capital source for housing development. At the same time, in Clause 1, Article 7, the draft Law on Real Estate Business has also added the case that the local Housing Fund or Financial Fund established by the Provincial Peoples Committee and assigned the function of operating the Housing Fund does not have to establish a real estate business enterprise. However, representatives of that Article 64 of the draft does not stipulate how the State will use these capital sources to invest in social housing development. Therefore, the delegate proposed to add Clause 4, Article 64 with the content: The State invests in the construction of social housing with the capital specified in Clause 2, Article 96 of this law for sale, lease purchase or lease. Along with that, in Clause 2, Article 67, the delegate proposed to add regulations for the case where investors specified in Clause 4, Article 64 do not have to meet the conditions for real estate business. Specifically, the delegate proposed We propose to amend the regulations on investor assignment conditions in the following direction: The investor assignment condition is that the investor must meet the conditions for real estate business organizations according to the provisions of law on real estate business. In the case of investors specified in Clause 4, Article 64 of this law, they do not have to meet the conditions for real estate business. In case there are 2 or more investors registered as investors, priority criteria for assigning investors include experience in implementing housing construction investment projects, financial capacity to implement the project, and other criteria according to Government regulations. Explaining this proposal, delegate Tran Dinh Gia said that if it is stipulated that real estate business investors must meet the conditions on real estate business lines, then off-budget financial funds such as local development investment funds The other side does not meet this condition. Meanwhile, the development investment fund is a very good resource for social housing development. Delegate Nguyen Tuan Anh (Can Tho City) commented focusing on the rental payment method and preferential policies for investors renovating and rebuilding apartments, investors of social housing projects. Regarding the rental payment method, there are still some overlapping contents, delegate Tuan Anh said that although Clause 2, Article 1 of the draft Housing Law has excludes housing transactions under the scope of the Law on Real Estate Business, but essentially the same housing transaction is governed by two different legal regimes. Specifically, Article 125 of the draft Housing Law stipulates that the lessee-purchaser pays in advance no more than 50% of the housing value; The remainder is calculated as rent and paid monthly during the lease-purchase term. Meanwhile, Clause 2, Article 20 of the draft Law on Real Estate Business stipulates that the prepayment level must not exceed 50%, but allows the parties to have other agreements on the method of payment for the remainder. For houses formed in the future, Clause 1, Article 20 also stipulates that the first payment must not exceed 30%, including the deposit. Therefore, according to the delegate, the Housing Law requires the remaining payment to be paid monthly. The Law on Real Estate Business allows other agreements. The Real Estate Business Law stipulates an additional 30% ceiling for the first payment, but the Housing Law does not express this condition. With different regulations, we need to have regulations to amend in this law or regulations to be amended in that law so that they are consistent, delegate Tuan Anh emphasized. In addition, delegate Tuan Anh said that preferential policies for investors who renovate and rebuild apartment buildings and investors of social housing projects have a big difference, in which social housing is subject to many business restrictions but the incentive level is actually lower. Accordingly, the delegate proposed a design. reform the policy in the direction of incentive levels commensurate with public service obligations, the level of restrictions on business rights and profitability of each type of project, in which social housing investors need to enjoy similar incentives, at least not lower than investors of apartment renovation projects... Download Delegate Nguyen Tuan Anh (Can Tho City) expressed his opinion at the afternoon group meeting on August 19 - Photo: chinphu.vn/Dieu Anh Do not increase procedures, do not transfer risks to home buyers. Commenting on the draft Law on Real Estate Business (amended), delegate Ta Thi Yen (Dien Bien province) focused on proposing to improve the protection mechanism for future home buyers, while limiting unnecessary procedures and costs. Delegates agreed.It is necessary to strictly control housing formed in the future because buyers have to pay when the project is not completed and it is difficult to fully check the legality, progress, and implementation ability of the investor. Regarding Clause 4, Article 19 of the draft Law and regulations, there is a document from the provincial management agency annou
