Will adjust Housing Law accordingly

According to Minister Nghi, the Draft Law on Housing (amended) only regulates housing development policies in general and the development of housing types such as commercial housing, social housing, public housing, and resettlement housing in particular. Regarding the content related to construction activities, it has referred to the law on construction. Therefore, in reality, the application of the Housing Law and the Construction Law is not mixed.

“The drafting agency will absorb the opinions of National Assembly deputies to continue reviewing and perfecting the draft, ensuring that the scope of the draft law is clear and does not overlap with other relevant laws,” said Mr. Nghi.

Regarding the scope of regulation, the Minister said that although the scope of regulation of the draft Law on Housing (amended) and the Law on Real Estate Business (amended) also mentions mixed-use buildings, the Law on Housing (amended) only regulates issues related to the management and use of mixed-use buildings with a residential area.

Regarding housing ownership policy, the head of the Ministry of Construction said: “In the announcement of the conclusion of the National Assembly Standing Committee, it was determined that this is a highly sensitive issue, with a great impact on society and there are still disagreements. Therefore, the drafting agency has submitted and proposed that the Government accept the opinion of the National Assembly Standing Committee not to stipulate the limited ownership of apartment buildings in the draft Law on Housing (amended) submitted to the National Assembly for comments.”

Minister of Construction Nguyen Thanh Nghi: Will adjust the Housing Law accordingly - 1 — Minister Nguyen Thanh Nghi. (Photo: Quochoi.vn)

However, the draft law has added more clarification on the duration of use of apartment buildings, cases of demolition of apartment buildings, rights and obligations of owners in moving, demolishing and contributing funds to rebuild apartment buildings; clarifying the responsibilities of relevant entities when renovating and rebuilding apartment buildings to have a basis for handling, resolving and removing cases that are facing difficulties and obstacles in reality today.

Minister Nguyen Thanh Nghi also explained the proposal to consider regulations on conditions, quantity, and types of housing that foreigners can own, to avoid affecting the demand for housing for domestic citizens as well as ensuring security and national defense. Accordingly, the drafting agency will coordinate with the reviewing agency to carefully study, clearly demonstrate, and ensure compliance with the Party's policies and consistent with relevant legal regulations.

Regarding the housing development program and plan, Minister Nguyen Thanh Nghi clearly stated that the provisions on housing development programs and plans in the draft Law on Housing (amended) are not new provisions but are inherited from the 2005 Housing Law, the 2014 Housing Law and are now continued to be stipulated in the draft law in the direction of being restructured into a separate chapter.

This is necessary, in accordance with the practical situation to contribute to overcoming the imbalance between supply and demand in housing development. This regulation does not overlap or duplicate with other plans. Because the contents specified in the development plan such as land area for developing commercial housing, social housing, housing for resettlement, public housing, etc. are contents that are not specified in detail in the planning system and plans according to the provisions of the Land Law and the Planning Law, etc.

However, the drafting agency will continue to review this regulation to ensure clearer regulations, avoid overlaps and duplications, ensure convenience, transparency, decentralization, and create initiative for localities; at the same time, ensure state management as directed by the Government.

Minister of Construction Nguyen Thanh Nghi also explained the issue raised by the delegates regarding the regulations on land use for commercial housing development. The presiding agency plans to report to the Government to receive the delegates' opinions and continue to study and complete this regulation to ensure consistency with the Land Law (amended).

Regarding the renovation and reconstruction of apartment buildings, the drafting agency will continue to review and clarify related contents such as the opinions of National Assembly deputies to ensure feasibility and accelerate the implementation of apartment building renovation and reconstruction projects.

Regarding the social housing development policy, the decision of the provincial People's Committee on the proportion of land use fees and land rents for commercial housing projects and urban areas in the area is consistent with reality as well as relevant laws. However, the drafting agency plans to report to the Government for acceptance and will supplement in the process of completing the draft law in the direction of only stipulating a certain proportion in the local budget; not stipulating the proportion of revenue from land use fees and land rents for investment projects in the construction of commercial housing and urban areas.

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