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Today, November 28, the National Assembly passed the Law on Real Estate Business and the Law on Forces Participating in Protecting Security and Order at the Grassroots Level.

Việt NamViệt Nam28/11/2023

National Assembly deputies met in the hall on the afternoon of November 27.

It is expected that in the morning, the National Assembly will vote to pass the Law on Real Estate Business (amended); and discuss in the hall the draft Law on amending and supplementing a number of articles of the Law on Property Auction.

In the afternoon, the National Assembly voted to pass: Resolution on piloting a number of special mechanisms and policies on investment in road traffic construction; Law on Forces participating in protecting security and order at the grassroots level; and discussed in the hall the draft Law on National Defense Industry, Security and Industrial Mobilization.

* Previously, on October 31, Member of the National Assembly Standing Committee, Chairman of the National Assembly's Economic Committee Vu Hong Thanh presented a Report on explanation, reception and revision of the draft Law on Real Estate Business (amended).

Regarding the scope of regulation, the Standing Committee of the National Assembly has added Clause 2, Article 1 on cases where the Law on Real Estate Business does not apply, in which Point d stipulates the case of "Organizations and individuals selling, leasing, leasing-purchasing houses and construction works under their legal ownership, transferring, leasing, subleasing the right to use land under their legal use rights not for business purposes" because these are civil transactions, not real estate business activities in the List of conditional investment and business sectors and professions under the Investment Law.

At the same time, amend Clause 1, Article 3 on the concept of real estate business, accordingly, the subjects of real estate business activities only include houses, construction works, land use rights with technical infrastructure in real estate projects and must be associated with the purpose of seeking profits, ensuring no overlap with the Civil Code and the Land Law;

Amending Article 5 to clarify the types of real estate that can be put into business; (iv) stipulating in Clause 1, Article 9 of the draft Law, according to which "Organizations and individuals when doing real estate business must establish an enterprise in accordance with the provisions of the law on enterprises or a cooperative in accordance with the provisions of the law on cooperatives, with real estate business lines".

Regarding the disclosure of information on real estate put into business, Chairman of the Economic Committee Vu Hong Thanh said that there is a proposal to stipulate that "Real estate enterprises must disclose information and be responsible for the completeness, honesty and accuracy of the information that must be disclosed".

There are opinions suggesting specific regulations on where to publicize information about real estate. In response to opinions of National Assembly deputies, the National Assembly Standing Committee has revised the provisions in Clause 1, Article 6 of the draft Law to ensure the responsibility of real estate businesses in fully, honestly and accurately disclosing information about real estate and real estate projects before putting them into business; information disclosure is one of the conditions for real estate business.

At the same time, the draft Law has added Clause 6, Article 6, assigning the Government to provide detailed regulations to specifically determine the time, order and procedures for information disclosure.

Regarding the conditions for organizations and individuals when doing real estate business , the draft Law stipulates that individuals doing real estate business must establish an enterprise or cooperative with real estate business lines; in the case of individuals doing real estate business on a small scale, they do not have to establish a real estate business enterprise but must declare and pay taxes according to the provisions of law.

Regarding the conditions for houses and existing construction works put into business, the National Assembly Standing Committee accepts and adjusts the provisions at Point e, Clause 3, Article 14, accordingly, the sale and lease-purchase of construction floor areas only applies to construction works on land leased by the State in the form of one-time land rent payment for the entire lease term, to ensure consistency of regulations on land users' rights corresponding to land use forms as prescribed by the law on land.

* On October 27, reporting on the explanation, acceptance and revision of the draft Law on Forces Participating in Protecting Security and Order at the Grassroots Level at the meeting hall, Chairman of the National Defense and Security Committee Le Tan Toi said that at the 5th Session of the 15th National Assembly, National Assembly Deputies discussed and gave opinions on the draft Law on Forces Participating in Protecting Security and Order at the Grassroots Level.

Based on the opinions of the delegates, the National Assembly Standing Committee directed the Agency in charge of the review, the Drafting Agency and relevant agencies to study, explain, absorb and revise the draft Law. The draft Law after being absorbed and revised has 05 chapters with 34 articles.

Regarding the tasks of the force participating in protecting security and order at the grassroots level, Chairman of the National Defense and Security Committee Le Tan Toi said that the force participating in protecting security and order at the grassroots level is a voluntary mass force selected to participate in protecting security and order, does not perform management functions, does not belong to the state apparatus, but the nature of its activities is to participate in supporting under the guidance, assignment, and direct direction of the Commune-level Police, so the regulation of the authority and legal responsibility of this force is unreasonable.

The responsibilities of relevant agencies, organizations and individuals in protecting national security and order have been stipulated in the Constitution, the Law on National Security, the Law on People's Public Security and other relevant legal documents.

Regarding the operating budget and material facilities of the force participating in protecting security and order at the grassroots level, many opinions suggested a more detailed assessment report on the organization and budget when establishing the force participating in protecting security and order at the grassroots level; stating that it should not stop at the number of about 300,000 people as stated in the Draft Law submitted by the Government and that the budget and guarantee budget will increase; requesting specific data to prove that "there is no increase in staffing" and "no increase in budget" compared to current practice.

According to the Government's report, currently nationwide there are 298,688 people participating in activities in the civil defense force, the semi-professional communal police force that is still being used, and the positions of captain and deputy captain of the civil defense team.

Implementing current regulations, localities nationwide are paying for the organization, operation, regimes, policies, and ensuring operating conditions for these forces about 3,570 billion VND/year (calculated according to the new basic salary level).

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