Chương X Luật Kinh doanh bất động sản 2023: Điều khoản thi hành

Chapter X

IMPLEMENTATION

Article 82. Effect

1. This Law comes into force from January 01, 2025.

2. The Law on Real Estate Business No. 66/2014/QH13, as amended by the Law No. 61/2020/QH14, (hereinafter referred to as “Law No. 66/2014/QH13”) ceases to have effect from the date of entry into force of this Law, except the provisions of clauses 2, 3, 5, 6, 7, 9, 12 and 13 Article 83 of this Law.

Article 83. Transition

1. Real estate enterprises and real estate service enterprises that have been operating before the effective date of this Law but have not yet met the relevant conditions set out in this Law are required to meet all conditions set out in this Law within 06 months after this Law comes into force.

2. Real estate projects which have been met all conditions attached to real estate projects to be put on market laid down in the Law No. 66/2014/QH13 before the effective date of this Law are not required to meet the conditions attached to real estate projects set out in Article 11 of this Law. If any procedures for modification of such a real estate project are followed after the effective date of this Law, the satisfaction of the conditions attached to real estate projects set out in this Law is required.

3. An application for approval of transfer of entire or partial real estate project which is considered valid and accepted in accordance with the Law No. 66/2014/QH13 but has still been under consideration shall continue to be processed in accordance with the Law No. 66/2014/QH13. If procedures for transfer of entire or partial real estate project are re-followed after this Law comes into force, such transfer shall be bound by provisions of this Law.

4. If a foreign-invested enterprise, as defined in the Law No. 66/2014/QH13, is following procedures for receiving transfer of entire or partial real estate project but has not yet completed procedures for transfer of rights to land of the received project or part of the project, such land-related procedures shall be followed in accordance with clause 3 Article 42 of this Law.

5. If off-plan housing or building has met the conditions for being put on the market set out in the Law No. 66/2014/QH13 but the contract for sale and purchase or lease purchase has not yet been signed before this Law comes into force, procedures for sale and purchase or lease purchase may be continued according to the Law No. 66/2014/QH13, provided that disclosure of information on real estate or real estate project to be put on the market as prescribed in Article 6 of this Law must be completed before entering into such  contract for sale and purchase or lease purchase.

6. A real estate project investor that has been approved by a bank to issue a guarantee for fulfillment of the investor’s financial obligations in favor of the buyer or tenant-buyer of off-plan housing shall not be required to follow guarantee procedures as prescribed by this Law.

7. In case a letter of guarantee for the investor's financial obligations has been issued by a bank in respect of a contract for sale and purchase or lease purchase of off-plan housing before the effective date of this Law, guarantee procedures prescribed by this Law are not required.

8. The provisions of clause 3 Article 26 of this Law shall not apply to the case where a contract for sale and purchase or lease purchase of off-plan housing has been signed in accordance with the Law No. 66/2014/QH13 and its elaborating and guiding documents before the effective date of this Law but the housing handover is not yet made.

9. Real estate business contracts which have been signed according to the Law No. 66/2014/QH13 before the effective date of this Law shall still remain valid as prescribed in the Law No. 66/2014/QH13 and its elaborating and guiding documents. Any amendments to the contract made after this Law comes into force shall be made by the parties in accordance with the provisions of this Law.

10. Real estate trading floors that have been operating before the effective date of this Law but have not yet met the relevant conditions set out in this Law are required to meet all conditions set out in Article 55 of this Law within 06 months after this Law comes into force.

11. Institutions providing training/refresher training in real estate brokerage and management of real estate trading floors that have been operating before the effective date of this Law but have not yet met the relevant conditions set out in this Law are required to meet all of relevant conditions set out in this Law within 06 months after this Law comes into force.

12. Practicing certificates for real estate brokers issued before this Law comes into force shall remain valid according to their expiry dates.

13. Applications for approval of transfer of entire or partial real estate projects as collateral which have been submitted by credit institutions, foreign bank branches, asset management companies affiliated to credit institutions, and Vietnam Asset Management Company (VAMC) established and operating in accordance with regulations of the Law on Credit Institutions to competent authorities before the effective date of this Law shall be processed in accordance with the Law No. 66/2014/QH13 and its elaborating and guiding documents.