On June 19, during the discussion before the National Assembly on the draft Law on Housing (amended), National Assembly Delegate Nguyen Hai Dung (Nam Dinh delegation) commented: Clause 1, Article 51 of the draft Law stipulates that "resettled housing must ensure conditions equal to or better than the old place of residence". Regarding this content, the delegate suggested that it is necessary to regulate and clarify the concepts of "residence" and "housing".
The delegate expressed his opinion: “Housing” and “residence” are two different concepts. I think the concept of “residence” is broader than “housing” because it also includes the environment and the community in the surrounding area. Regarding conditions, there are many conditions such as environment, infrastructure, economy, technology, culture, security and order... if we just say “conditions”, it is very general.
National Assembly Delegate Nguyen Hai Dung (Nam Dinh delegation) spoke.
The National Assembly Delegate of Nam Dinh cited the content in Section 2.3 of Resolution No. 18-NQ/TW dated June 16, 2022, the 5th Conference of the 13th Party Central Committee on continuing to innovate and perfect institutions and policies, improving the effectiveness and efficiency of land management and use, creating momentum to turn our country into a developed country with high income: "There are specific regulations on compensation, support, and resettlement so that after land recovery, people whose land is recovered must have a place to live, ensuring a life equal to or better than their old place of residence"; at the same time, he requested the Drafting Committee to pay attention because the Resolution stated the content on "ensuring a life equal to or better than their old place of residence" but there was no specific content that housing conditions were equal to or better than their old place of residence. In addition, according to the Delegate, because the concepts of "housing" and "place of residence" are different, it is impossible to compare what is better.
“We can only compare things with the same criteria... To make it easier to implement in reality regarding resettlement housing, it is recommended that the draft Law only stipulates comparisons of things that can be assessed and compared, specifically regarding the quality of construction works and housing area because there are specific figures,” National Assembly Delegate Nguyen Hai Dung proposed.
Overview of the meeting.
Commenting on the local housing development program, Delegate Nguyen Hai Dung said that Article 31 of the draft Law stipulates: The provincial People's Committee shall organize the development of the housing development program and send it to the Ministry of Construction for comments on the contents in Points c, d, dd and Point e, Clause 1, Article 29 of this Law before submitting it to the People's Council at the same level for approval. After being approved by the People's Council at the same level, the provincial People's Committee is responsible for approving and implementing the program. The delegate expressed concern about whether this requirement really satisfies the desire, viewpoint and policy on stronger decentralization and delegation of power to localities?
In addition, the local housing development program and plan are also based on the National Housing Development Strategy, which is chaired by the Ministry of Construction and submitted to the Prime Minister for approval. Delegate Nguyen Hai Dung said that if the regulations are as in the draft Law, localities will have to consult the Ministry of Construction twice, increasing procedures and extending the time for approving investment policies for local housing development projects. Therefore, it is recommended to review the necessity of the above regulations.
Discussing the draft Law on Housing (amended), National Assembly Delegate Nguyen Thi Hong Hanh (Ho Chi Minh City delegation) said that there should be regulations on violations in miscalculating housing area.
National Assembly Delegate Nguyen Thi Hong Hanh said that Clause 19, Article 3 mentions the concept of household members developing, managing and using housing. Accordingly, household members developing, managing and using housing are those who have marital, blood or foster relationships according to the provisions of the law on marriage and family, are living together, jointly investing in building housing on land under common use or on rented or borrowed land and jointly participating in the management and use of that housing.
National Assembly Delegate Nguyen Thi Hong Hanh (Ho Chi Minh City delegation) spoke.
However, the provisions of the draft Law do not mention this concept. The Delegate proposed to consider the necessity of regulating this concept in Article 3 on the interpretation of terms.
Regarding prohibited acts, Article 5 of the draft Law on Housing (amended) stipulates the application of incorrect calculation of housing area. However, the draft has not mentioned or regulated the method of calculating housing area. At the same time, if this is determined to be a violation, it is necessary to clarify the subjective consciousness and the error factor in applying the incorrect calculation of area to serve as a basis for determining this is a prohibited act.
Regarding the recognition of home ownership, Delegate Nguyen Thi Hong Hanh proposed to review the regulations to ensure consistency, no contradictions, and clearly define what type of certificate foreign organizations and individuals who own houses in Vietnam will be granted. The delegate said that it is appropriate to unify the regulations in Article 22.
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