The above proposal was raised by Chairman of the National Assembly's Law Committee Hoang Thanh Tung in the examination report on the draft Law on Housing (amended) on the morning of June 5, within the framework of the 5th Session of the 15th National Assembly.
Accordingly, through the process of monitoring and examining this Law project, the National Assembly Law Committee assessed that the additional contents in the draft law did not meet the requirements previously stated by the committee. It is necessary to clearly stipulate the feasibility, authority, order, and procedures for relocating residents, demolishing, renovating, and rebuilding unsafe apartment buildings, and need to continue to be reviewed and researched for completion.
Chairman of the National Assembly Law Committee Hoang Thanh Tung.
The Housing Law (amended) must remove current major bottlenecks such as: not being able to relocate people from dangerous apartment buildings at risk of collapse; not being able to choose investors to renovate and rebuild apartment buildings in cases where people contribute their own funds to rebuild; not being able to agree on compensation and resettlement plans after selecting investors, leading to prolonged project implementation...
Regarding the order and procedures for relocating people, the Chairman of the National Assembly's Law Committee noted that this provision directly affects constitutional rights (the right to legal residence, the inviolable right to residence, the right to own a house, etc.) and therefore must be stipulated in the law. The fact that the draft law does not specifically stipulate this content will lead to difficulties in implementation.
Mr. Tung said: "If an old, damaged apartment building is at risk of collapsing and residents have not been relocated, who will be responsible for the consequences? I suggest that the Government provide specific regulations and supplement more drastic solutions, including necessary and appropriate enforcement measures to overcome this situation."
This person also pointed out the current situation, there are currently no regulations on measures to cut off electricity and water to force the implementation of relocation obligations because many opinions believe that the provision of electricity and water is a civil transaction independent of the requirement to perform obligations.
According to Mr. Tung, it is necessary to define the provision of electricity and water to dangerous apartments that are at risk of collapsing and forced to be relocated as prohibited transactions. From there, this provision should be added to the Housing Law to create pressure on apartment owners to relocate.
Many old apartment buildings in Hanoi and Ho Chi Minh City are in a state of serious degradation and are on the verge of collapse. (Illustration photo: Zing.vn)
Regarding the compensation and resettlement plan, the National Assembly's Law Committee proposed to determine in the law the voting ratio for choosing the compensation and resettlement plan of apartment owners.
In addition, if after a certain period of time as prescribed by the Government, if no agreement is reached, compensation and resettlement will be implemented according to the plan decided by the Provincial People's Committee.
Regarding incentives for social housing investors, the draft Law stipulates many policies on exemption of land use fees and land rent; incentives on value added tax and corporate income tax; preferential loans with low interest rates and long loan terms, etc.
However, this Law needs to determine the maximum proportion of private land for the construction of commercial and service facilities in social housing projects, and this proportion depends on the detailed planning approved by competent State agencies, which is not strictly guaranteed.
"This is a loophole that can be abused, leading to negativity in the application for permission to build social housing projects, but the main goal is to have land to build business and service facilities and commerce. Therefore, the appraisal agency proposes to add regulations on the maximum proportion of land reserved for the construction of business and service facilities and commerce in social housing projects in the draft Law," said a representative of the Law Committee.
The Housing Bill (amended) consists of 12 chapters and 196 articles and will continue to be discussed by the National Assembly in the hall on the morning of June 19, during the second meeting of the 5th Session.
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