Resolution regulating the minimum housing area to be eligible for permanent residence registration at legal accommodation rented, borrowed, or stayed with others, applicable in Hanoi until the end of 2030
On the morning of July 6, the Hanoi People's Council (12th session) passed a Resolution on the minimum housing area for permanent residence registration at legal rented, borrowed, or shared accommodation in Hanoi. The Resolution on the minimum housing area for permanent residence registration at legal rented, borrowed, or shared accommodation will be applied in the city until the end of 2030.
Presenting a report at the meeting, Lieutenant General Nguyen Hai Trung, Director of Hanoi City Police, said that based on current legal regulations and practical application of the law on permanent residence registration of citizens in the city, the City Police found some shortcomings.
Accordingly, previous Resolutions only regulated the average living area for rented houses in the inner city, and did not have specific regulations on the average living area for borrowed houses or houses for citizens to register for permanent residence in the inner city; at the same time, they did not regulate the conditions on the average living area for rented houses, borrowed houses, and houses for citizens to register for permanent residence in the suburbs. In the process of resolving permanent residence for citizens, the People's Committees at the commune level were still confused in confirming the average living area.
On November 13, 2020, the National Assembly passed the Law on Residence 2020, effective from July 1, 2021. The Law on Residence 2020 has removed separate regulations on conditions for permanent residence registration in centrally run cities (According to the provisions of the Law on Residence 2006, amended and supplemented in 2013). Permanent residence registration in provinces and centrally run cities is the same and uniform nationwide.
The City Police have coordinated with relevant departments to develop a draft resolution dossier, ensuring proper procedures according to legal regulations.
At the meeting, the Draft Resolution on Regulations on minimum housing area when resolving permanent residence registration in legal accommodation rented, borrowed, or stayed at in Hanoi city was approved by the City People's Council delegates.
Accordingly, the minimum housing area when registering for permanent residence in legal accommodation rented, borrowed, or shared accommodation in Hanoi is as follows: For suburban areas, it is 8m2/floor/person; for inner-city areas, it is 15m2/floor/person.
Subjects of application are: Permanent residence registration agencies in Hanoi; Vietnamese citizens registering permanent residence at legal accommodation rented, borrowed, or rented in Hanoi, except for the cases specified in Clause 2, Article 20 of the 2020 Law on Residence; Other agencies, organizations, and individuals related to the implementation of this Resolution.
This regulation aims to ensure necessary living conditions for people. Previously, the examination of the Legal Committee of the City People's Council clearly stated that Hanoi is a special urban area with great pressure on mechanical population growth, the number of people registering for residence is increasing rapidly and the most fluctuating is concentrated in the group of people with legal accommodation such as rented, borrowed, or shared housing.
The average population density in 2021 is 2,479.5 people/km2, the population is unevenly distributed, the urbanization rate is relatively fast, the population density is concentrated in the districts quite high; in which, the average population density of 12 districts is 12,069 people/km2 (the highest is Dong Da district 37,869 people/km2), 4.5 times higher than the average population level of the whole city. The population density in the central area has reached 9,570 people/km2, nearly double the forecast of the general planning.
The rapid increase in population size and rapid population growth have created pressure on the city's authorities at all levels in leadership and management to ensure conditions for education, healthcare, social security and other living conditions for residents in the city, especially in inner-city districts.
The Legal Department believes that the regulation on the minimum housing area for permanent residence registration at a legal place of residence rented, borrowed, or shared accommodation is one of the minimum criteria for the city to determine in developing mechanisms and policies to ensure necessary living conditions for people, in accordance with the requirements of residence management and the situation and social security policies in the city.
In the coming time, the City People's Committee also needs to develop mechanisms, policies, and solutions to strengthen the strict management of high-rise housing development in central areas associated with urban reconstruction to ensure conditions of social security, education, health care, etc. for people, and continue to implement specific mechanisms and policies that are effective in renovating and rebuilding old apartment buildings.
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