The Land Law and Housing Law officially take effect from August 1, 2024.

On the morning of June 29, under the direction of Vice Chairman of the National Assembly Nguyen Duc Hai, the National Assembly voted to pass the Law amending and supplementing a number of articles of the Land Law No. 31/2024/QH15, the Housing Law No. 27/2023/QH15, the Real Estate Business Law No. 29/2023/QH15, the Law on Credit Institutions No. 32/2024/QH15 (these are laws that have been passed by the National Assembly, effective from January 1, 2025).

The results of the electronic voting showed that 404 National Assembly deputies voted in favor (accounting for 83.13%). Accordingly, the National Assembly officially passed the Law amending and supplementing a number of articles of the above 4 laws.

Thus, the Land Law, Housing Law, Real Estate Business Law and Credit Institutions Law will take effect from August 1, 2024, 5 months earlier.

It is necessary to enact laws to adjust the effectiveness of four laws.

Before passing the above law, Chairman of the National Assembly's Economic Committee Vu Hong Thanh said that many National Assembly deputies agreed with the necessity of promulgating the law, adjusting the effectiveness of 4 laws (effective from January 1, 2024), but were still concerned about ensuring the conditions for the law to be enforced.

Specifically, some delegates suggested keeping the laws in effect from January 1, 2025 so that from now until January 1, 2025, agencies will focus on developing decrees and circulars carefully and with quality, and localities will have access to those decrees and circulars to develop local guidance documents.

There are opinions suggesting to clarify the effective date of the laws from August 1, 2024. There are also opinions that the Government has submitted a proposal to amend and supplement a number of articles of the Land Law, Housing Law, Real Estate Business Law, and Credit Institutions Law, so the Government must be responsible for that proposal.

Regarding the above opinions, the Standing Committee of the National Assembly believes that the 2024 Land Law, the 2023 Housing Law and the 2023 Real Estate Business Law have institutionalized many new policies and guidelines of our Party and State, overcoming the limitations and difficulties of previous laws. These laws also have many innovative and progressive provisions, which are expected by the people and society to create momentum for socio-economic development in the new period, and many provisions in the laws can be applied immediately without the need for detailed guidance documents.

Therefore, the early implementation of the 2024 Land Law, 2023 Housing Law and 2023 Real Estate Business Law is not only a wish but also a requirement of the National Assembly when voting to pass these laws.

According to Chairman Vu Hong Thanh, since the laws were passed, the Government and the Prime Minister have resolutely directed ministries, branches and localities to actively and diligently develop detailed regulations and implementation guidelines.

Based on the Government's determination and commitment, with the consent of competent authorities, the National Assembly voted to add the draft law to the 2024 Law and Ordinance Development Program for official review by National Assembly agencies. The National Assembly will continue to consider it and, if qualified, will pass it at this session.

In Report No. 346/BC-CP dated June 28, 2024, the Government stated that the proposed plan is to ensure that there are no obstacles in the application of the law and at the same time not cause different interpretations and affirmed: "We will continue to resolutely direct ministries, branches and localities to promptly issue detailed regulations and instructions for the implementation of the Land Law, Housing Law, and Real Estate Business Law to ensure quality and progress, avoid obstacles, create legal gaps or allow negativity, take advantage of policies, and legalize violations."

The report also emphasized that the Government is responsible for the effectiveness of adjusting the enforcement and transitional provisions of laws, and handling issues arising after the implementation of laws.

Quality assured and effective from 1/8/2024

Regarding the conditions for ensuring law enforcement, Chairman Vu Hong Thanh said that there were opinions from National Assembly deputies suggesting a provision allowing subjects to choose the effective date of laws. Other opinions said that if allowing the choice of effective date, it would lead to inconsistent application.

The Standing Committee of the National Assembly would like to report as follows: Allowing subjects to choose the effective time will not ensure transparency and clarity of the State's policy on the time of implementing transitional contents; nor will it ensure the spatial effectiveness prescribed in Article 155 of the Law on Promulgation of Legal Documents and may lead to arbitrary application of the provisions of the law according to different effective times, causing difficulties in management.

In addition, some National Assembly deputies also said that if the law is passed, the time for localities to issue documents under their authority is very urgent, so they suggested that the Government clearly identify and fully assess the risks, challenges, difficulties, and problems that may arise and have appropriate solutions.

The Standing Committee of the National Assembly finds that the opinions of the National Assembly deputies are completely valid. In Report No. 338/BC-CP dated June 24, 2024 of the Government on receiving and explaining the opinions of the National Assembly deputies and the examination opinions of the Economic Committee on the draft law, the Government reported on the progress of promulgating documents of the Government, the Prime Minister and ministries and branches in Appendix No. 01.

Regarding guiding documents under the authority of localities, according to the report, the Prime Minister has issued many documents urging ministries, branches and localities to urgently focus on issuing detailed regulations and instructions for the implementation of the Land Law, Housing Law and Real Estate Business Law.

“The Government affirms that if the National Assembly passes this Law project at the 7th Session, there will still be time for localities to complete and promulgate it according to their authority to ensure progress and quality, and it will take effect from August 1, 2024,” informed Chairman Vu Hong Thanh.

On that basis, the National Assembly Standing Committee requested the Government to closely direct the issuance of detailed regulations and implementation instructions by ministries, branches and localities, to avoid problems due to lack or delay in issuing specific documents, to avoid the situation where circulars "wait" for decrees, local documents "wait" for detailed regulations and instructions from the Central Government, and to fully prepare conditions for the implementation of laws from August 1, 2024 when this law is passed by the National Assembly.

Along with that, the Government is responsible according to the provisions of the Constitution and laws for organizing the implementation of the 2024 Land Law, the 2023 Housing Law, the 2023 Real Estate Business Law, and the 2024 Law on Credit Institutions to ensure effectiveness and efficiency.

In addition, the National Assembly Standing Committee will direct the Nationalities Council and the National Assembly Committees, based on their assigned functions and tasks, to supervise the promulgation of legal documents related to the content of these laws.