Propose to keep regulations on land types used for commercial housing projects as the current Housing Law
On the afternoon of October 26, at the 6th Session of the 15th National Assembly, on behalf of the National Assembly Standing Committee, reporting on the explanation, acceptance and revision of the draft Law on Housing (amended), Chairman of the Law Committee Hoang Thanh Tung said that regarding the form of land use for investment in the construction of commercial housing projects, there are the following opinions: (1) Proposing to stipulate that land in accordance with the planning can be used for commercial housing projects; (2) Proposing to remove the provisions at Points c and d, Clause 4, Article 36 of the draft Law submitted by the Government at the 5th Session because it is not consistent with the Party's policy on expanding the scope of land auctions and bidding, which is a loophole causing budget losses; (3) Proposing to stipulate this content in the draft Law on Land (amended) in the direction of ensuring consistency with the Party's policies and guidelines, the consistency of the legal system, overcoming overlaps, conflicts and lack of feasibility.
The majority of opinions of the National Assembly Standing Committee proposed to maintain the regulations on types of land used for commercial housing projects as in the current Housing Law to prevent loopholes and budget losses due to land rent differences when allowing other types of land used for commercial housing projects. Some opinions agreed with the provisions of the draft Housing Law (amended) submitted by the Government at the 5th session on adding 2 other types of land used for commercial housing projects to institutionalize Resolution No. 18-NQ/TW.
Chairman of the Law Committee Hoang Thanh Tung.
Based on the opinions of the National Assembly Deputies, the content on the form of land use for the implementation of commercial housing construction investment projects will be shown in the draft Land Law (amended); the Housing Law only refers to this content in the Land Law to ensure the consistency of the legal system.
Regarding the renovation and reconstruction of apartment buildings, the Chairman of the Law Committee said that some opinions proposed specific regulations on the order, procedures, authority, and responsibility for relocating people from damaged apartment buildings at risk of collapse; studying and improving the order and procedures for investment in renovation and reconstruction projects of apartment buildings to avoid duplication, shorten time, and increase investment attraction. The National Assembly Standing Committee accepted the opinions and added 1 section (Section 5, Chapter V) including Articles 73, 74, and 75, specifically regulating the relocation of owners and users of apartment buildings, forced relocation, and demolition of apartment buildings.
Some opinions suggest that it is necessary to plan for a more feasible renovation and reconstruction of apartment buildings in the coming years when modern and newly built apartment buildings have all been built to the maximum height coefficient. Later, when renovated or rebuilt, the height cannot be increased any further and the project will not be attractive enough for investors if the compensation mechanism with coefficient K as it is now has to be implemented.
To ensure feasibility and harmony between the interests of apartment owners, the State and investors, to meet the requirements of urban beautification, to absorb the opinions of National Assembly Deputies and revise Articles 70, 71 and 72 of the draft Law in the direction: for old apartment buildings built before 1994, continue to inherit the provisions of the current housing law on the application of coefficient K for apartment compensation...
Vice Chairman of the National Assembly Nguyen Duc Hai chaired the meeting.
Regarding the development of multi-storey, multi-apartment housing of individuals, in order to overcome the shortcomings and limitations in the development, management and use of this type of housing in the past, on the basis of receiving the opinions of National Assembly Deputies and the opinions of the Government in Report No. 529/BC-CP dated October 10, 2023, the Standing Committee of the National Assembly proposed to revise Article 57 more strictly as follows: for multi-storey, multi-apartment housing of individuals, if there are 2 floors or more and a scale of less than 20 apartments for rent, it must meet the requirements on construction standards according to the regulations of the Minister of Construction; must be designed, approved for fire prevention and fighting and implement measures to manage fire prevention and fighting safety according to the provisions of the law on fire prevention and fighting. In case individuals build houses of 2 floors or more for sale or rent-purchase of apartments; Projects with 2 floors or more and a scale of 20 apartments or more for rent must have an investment project and meet the conditions to be an investor in a housing construction investment project.
Social housing invested with public investment capital can only be rented or rented out.
Regarding social housing built with public investment capital, to harmonize people's needs and state resources, the National Assembly Standing Committee proposed to partially incorporate the opinions of National Assembly Deputies and the Government to revise Clauses 1 and 2, Article 80 of the draft Law as follows: Social housing projects invested with public investment capital can only be rented or rented for purchase; social housing projects invested with other state capital sources can only be sold, rented or rented for purchase.
Overview of the meeting.
Regulations in this direction ensure the Government's flexible authority in directing the implementation of social housing development policies based on state resources in each period; in cases where state resources are balanced, it can focus mainly on developing social housing for rent in order to improve the accessibility of social housing for low-income people.
Regarding the regulation that the Vietnam General Confederation of Labor is the investor of social housing projects and worker accommodation in industrial parks, due to different opinions on this issue, the National Assembly Standing Committee reports 2 options as follows:
Option 1: The Vietnam General Confederation of Labor is the project management agency for social housing projects for rent to both supplement investment resources for social housing projects, contribute to improving and enhancing the quality of life for workers and low-income laborers, attract workers to participate in the Trade Union organization, and limit the scope of implementation (excluding worker accommodation in industrial parks) to improve feasibility.
Option 2: The Vietnam General Confederation of Labor is not yet stipulated as the investor of social housing projects in the Housing Law (amended). It is recommended that the Vietnam General Confederation of Labor develop a Project to report to the National Assembly for consideration and decision to pilot the policy of the Vietnam General Confederation of Labor as the investor of social housing projects for a certain period of time. If it is effective, it will be stipulated in the Law.
Regarding the construction of workers' accommodation in industrial parks, the National Assembly Standing Committee agreed with the idea of building workers' accommodation in the commercial and service land area of industrial parks as stipulated in the draft Law submitted by the Government at the 5th session because it helps to solve many problems and create favorable conditions for workers in industrial parks.
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