Term of use of apartment buildings: What do National Assembly delegates discuss?

Giving opinions on the revised Housing Law project this afternoon (October 26), many delegates focused on the term of use of apartment buildings.

Delegate Ta Van Ha (Quang Nam Province National Assembly Delegation) assessed that the draft revised Housing Law submitted to the National Assembly this time has many more reasonable points. However, the draft law stipulates that apartment buildings have a term of use, which is determined based on the design documents and actual term of use.

According to delegate Ha, the law currently does not clearly regulate this issue. Material structures cannot exist and be sustainable forever, so the builder must have a term of use.

"In fact, when repairing old apartment buildings, there are still many problems in properly handling them, making it very difficult to gather resources to repair apartment buildings," he emphasized.

Delegate Ta Van Ha - National Assembly Delegation of Quang Nam province (Photo: Quochoi.vn).

According to him, the draft law needs to have clear, consistent, explicit and transparent regulations: apartments need to have a term of use. With this regulation, people will have all the necessary information when participating in transactions, transfers and sales, ensuring the highest benefits for the people.

Agreeing with the opinion of delegate Ta Van Ha, delegate Hoang Van Cuong (National Assembly delegation of Hanoi) suggested that it is necessary to clarify more in the report explaining and accepting this Law project. If there is no regulation on the ownership period of apartment buildings, there will be no way to handle it in the future, which could become a pressing issue.

Delegate Hoang Van Cuong said that the regulation that if you own a house for an indefinite period, you have to pay more rent is unreasonable and needs to pay attention to the legitimate interests of the people.

Comparing this issue as stipulated in the draft Land Law, delegate Cuong said that it is necessary to amend the Land Law that the use of houses and apartment buildings must have a term and pay a one-time fee according to the term of the project owner. Therefore, the cost of investing in apartment buildings is lower, after that term expires, it is rented to people again, avoiding the current inappropriate situation.

Therefore, delegate Hoang Van Cuong affirmed that regulations on housing and apartments must have a time limit.

Regarding the regulations on the term of apartment buildings, delegate Pham Van Hoa (National Assembly delegation of Dong Thap province) expressed his agreement with the regulation that apartment buildings must have a term of use. The term of use must be based on the quality of assessment and examination by competent authorities and cannot be based on the design of the investor.

In the report explaining and clarifying a number of issues raised by National Assembly deputies, Chairman of the National Assembly's Law Committee Hoang Thanh Tung said that the viewpoint of the National Assembly Standing Committee was clearly stated in the Report on explanation and acceptance, and this was also an issue that was brought up for discussion and acceptance.

Chairman of the Law Committee Hoang Thanh Tung (Photo: Quochoi.vn).

According to Mr. Tung, the draft revised Housing Law clearly shows that the term of use of apartment buildings and the term of ownership of apartment buildings are two different issues.

"The term of use of apartment buildings is clearly stipulated in the draft law and that term is determined when the investor prepares the design project of the apartment building. Technically, the term of use can be 50 years, 70 years, 90 years... but the actual term of use of the apartment building also depends on other factors. Or if the term of use has expired but the building is well maintained and the quality of the building is still in use, then there is no need to consider demolition, which would be a waste," Mr. Tung further explained.

According to Mr. Tung, the draft Law also stipulates quality inspection before and after the deadline. Based on the inspection, there will be a plan to allow residence or to relocate for demolition and reconstruction.

The Chairman of the Law Committee also said that the ownership period of an apartment building should not be linked to the land use period. In the Land Law, residential land is allocated for a long-term and indefinite period. As long as the apartment building is used well, the people's ownership of the apartment is guaranteed.

Source: https://dantri.com.vn/bat-dong-san/thoi-han-su-dung-nha-chung-cu-dai-bieu-quoc-hoi-thao-luan-gi-20231026173704598.htm