The revised Housing Law was passed by the National Assembly this morning (November 27) with the majority of delegates in favor and will take effect from January 1, 2025.
Notably, regarding the development of multi-storey housing with many apartments of individuals for sale, lease-purchase, or rent (Article 57), Chairman of the Law Committee Hoang Thanh Tung said that there are opinions that the provisions in Article 57 on the development of multi-storey housing with many apartments of individuals for sale, lease-purchase, or rent (mini-apartments) are too strict and difficult to implement.
Opinions suggest adjustments in the direction that the State focuses on management and control according to planning, regulations on urban architecture management, construction licensing, ensuring environmental sanitation, fire prevention and fighting, or the Law only stipulates principles and assigns the Government to specify details.
Mini apartments will be granted pink books if they meet all conditions according to land law (Illustration: Tran Khang).
The Standing Committee of the National Assembly finds that the adoption and revision of Article 57 as presented in the draft Law is aimed at overcoming existing shortcomings and limitations in the development, management and use of this type of housing in the past, while ensuring harmony between management requirements and development needs, meeting the housing supply for a segment of the urban population.
Based on research, review, and acceptance of opinions of National Assembly deputies, the National Assembly Standing Committee proposes to amend Article 57 in the direction of appropriate regulations such as: not stipulating specific requirements but referring to the management conditions of this type of housing to the requirements for the construction of multi-storey houses with many apartments for individuals issued by the Minister of Construction, and the requirements of the law on fire prevention and fighting;
Decentralize the People's Committee to regulate traffic routes so that fire fighting vehicles can perform fire fighting tasks at multi-storey houses with many apartments of individuals; supplement regulations on multi-storey houses with many apartments with mixed purposes of sale, lease-purchase, and rental to meet practical requirements; at the same time, assign the Government to regulate in detail this Article.
The recently passed amended Housing Law (Article 57) on the development of multi-storey, multi-apartment housing for individuals for sale, lease-purchase, or lease, provides details as follows:
Individuals who have the right to use residential land as prescribed in Clause 3, Article 54 of this Law and build houses in the following cases must satisfy the conditions for being investors in housing construction investment projects. Construction investment shall be carried out in accordance with the provisions of the law on construction and other provisions of relevant laws for housing construction investment projects:
In case the house has 2 or more floors and each floor has apartments designed and built for sale, for lease-purchase, for a combination of sale, lease-purchase, and apartment rental;
In case, the house has 2 floors or more and has a scale of 20 apartments or more for rent.
Accordingly, apartments specified in the above cases are granted a Certificate according to the provisions of the law on land, and can be sold, leased, or rented according to the provisions of this Law and the law on real estate business.
Article 57 also stipulates that individuals with the right to use residential land as prescribed in Clause 3, Article 54 of this Law who build houses with 2 floors or more and a scale of less than 20 apartments, and on each floor there is a design and construction of apartments for rent, must comply with the following provisions:
Meet the requirements for building multi-storey houses with many apartments for individuals according to the regulations of the Minister of Construction;
Meet fire prevention and fighting requirements according to the provisions of law on fire prevention and fighting for multi-storey houses with many apartments of individuals;
Meet the conditions prescribed by the Provincial People's Committee on traffic routes for fire fighting vehicles to perform fire fighting tasks at places with multi-storey houses with many individual apartments.
In addition, in case a multi-storey house with many apartments of an individual specified in Clause 3 of this Article has an apartment for sale or for lease-purchase, it must satisfy the conditions specified in Clause 1 of this Article.
The management and operation of housing specified in Clause 1 and Clause 3 of this Article shall be carried out in accordance with the Regulations on management and use of apartment buildings issued by the Minister of Construction.
People's Committees at all levels, within the scope of their tasks and powers, are responsible for inspecting and examining the compliance with the requirements and conditions specified in Clauses 1 and 3 of this Article.
The Government shall detail this Article.
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