Many inadequacies in the Law on Land, Law on Housing, Law on Real Estate Business

According to statistics, there are about 12 laws affecting real estate, and up to 60 related laws. Although the law has been revised nearly 100 times, the results are still not really effective, when the law is not updated in time, it will cause difficulties for the development of the market.

Therefore, market members believe that, under new conditions, in order to create new impulses to create a driving force for the development of the real estate market in particular and the economy in general, changes are needed.

The Land Law, Housing Law and other specialized laws govern throughout the implementation process of investment projects from project planning, consulting, investment…. There is an overlapping, overlapping, and asynchronous agreement between the laws. Therefore, the process of amending the 2013 Land Law should be carried out in parallel with the review of overlapping points in other legal documents such as the Law on Planning, Real Estate Business Law.

(Illustration – Photo: PLO)

“The Law on Re-planning is based on each type of planning, people will define different types of land unlike the Land Law. Secondly, regarding the planning period, land use plan, in the Land Law, people stipulate that The period for land use planning at the national, provincial and district levels is 10 years. Meanwhile, the planning period in the planning law can be specified for 5 years, 10 years, 20 years”, Assoc. Dr. Nguyen Quang Tuyen, Dean of Faculty of Economic Law – Hanoi Law University, said.

The issue of compensation, site clearance, and resettlement support when land is recovered is also considered the most difficult and prolonged stage in the implementation of a project. Building the compensation price close to the market price to harmonize the interests of people, businesses and the state will solve this bottleneck.

“We should have an allocation mechanism that calculates the percentage of investors when they pay the state instead of we are paying the people indirectly through the price bracket mechanism set by the government. Instead, we allocate a percentage of direct payment, which means that people directly benefit if that part, that area, that location has a high value,” said Chief. Legal Department of Vietnam Real Estate Association Truong Anh Tuan commented.

Another hot issue mentioned by experts is the lack of an identifier for the type of tourism real estate. In fact, at the time of the introduction of 3 laws related to real estate, this segment had not yet developed.

However, from 2016 to before the pandemic, tourism real estate experienced explosive growth. However, the lack of a legal framework has led to many disputes, hundreds of projects cannot be implemented, investors are stuck, each locality has its own regulations, which inhibits the development of this segment. .

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