According to the conclusion of the National Assembly Standing Committee (NASC) on the revised Housing Law project at the mid-term meeting of the 6th session of the 15th National Assembly, the NASC basically agreed with the contents that have been absorbed and revised in the draft.
On the morning of November 27, the National Assembly passed the revised Housing Law.
In particular, amending Article 57 on multi-storey multi-apartment housing of individuals. Regulations that the Vietnam General Confederation of Labor is the governing body of investment projects to build social housing for workers and laborers who are eligible for social housing policies to rent.
Additional incentives for investors of social housing projects and housing for the people's armed forces to build commercial housing within the land fund of 20% of the total residential land area within the project scope (point d, clause 2, article 85), but investors must pay land use fees for this area according to regulations of the law on land...
Regulations on the construction of workers' accommodation in industrial zones are in Article 94. However, there are no regulations on workers' accommodation outside industrial zones; additional regulations on investment procedures for public accommodation construction projects are added to ensure consistency with the Investment Law. The Standing Committee of the National Assembly also agreed on the effective date of the Housing Law in line with the Land Law from January 1, 2025 to have a basis for regulations in the draft amended Housing Law submitted to the National Assembly for approval.
Ministry of Construction, Provincial People's Committee specify conditions for mini apartments
Presenting the report on explanation, acceptance and revision of the draft revised Housing Law, Chairman of the Law Committee Hoang Thanh Tung said that there are still many different opinions on the development of multi-storey houses with many apartments of individuals for sale, lease-purchase and lease (mini apartments - PV). Some delegates said that the regulations in Article 57 are too strict, inappropriate and difficult to implement.
The Standing Committee of the National Assembly assessed that recently, many localities have been lax in management, lacking strict inspection, and failing to promptly handle violations, leading to many consequences and overloading the urban infrastructure system. In particular, there is a potential risk of fire and explosion, and in fact, a number of fires have occurred, causing serious damage to people and property.
Prime Minister Pham Minh Chinh attends the National Assembly session on the morning of November 27.
To overcome the shortcomings and limitations, while still meeting the housing supply for low-income people, the Standing Committee of the National Assembly accepted and revised Article 57 to more appropriately regulate a number of requirements.
Specifically, it does not stipulate specific requirements but refers to the management conditions issued by the Minister of Construction and the requirements of the law on fire prevention and fighting. At the same time, it decentralizes the provincial People's Committee to regulate traffic routes for fire fighting vehicles to perform fire fighting tasks...
Regarding the renovation and reconstruction of apartment buildings, there are opinions that the regulations on the term of use of apartment buildings are determined according to the design documents or that when the term of use has not expired but the house is damaged or unsafe, the Provincial People's Committee decides to demolish it (according to the life of the building) which is not in accordance with the provisions of the Land Law. The reason is that residential land does not have a term of use.
The review agency also said that there were suggestions to supplement regulations on the ownership period of apartment buildings. It is necessary to distinguish between the ownership period and the duration of use of apartment buildings. For residential land, it is stable and long-term. For land in housing projects with a duration, the ownership period of apartment buildings is determined according to the duration of use of the land assigned to implement the project.
The Standing Committee of the National Assembly proposed to keep these contents as in the draft law. Explaining this, according to the Standing Committee of the National Assembly, the draft law does not stipulate the ownership period, but only stipulates the period of use of apartment buildings on the basis of inheriting the current Housing Law.
“When an apartment building expires and is at risk of collapsing and must be demolished, the value of the house will no longer exist, but the value of the right to use land for long-term stability according to the provisions of the Land Law will still exist and people will still be compensated, ensuring consistency with the Land Law,” the Standing Committee of the National Assembly stated.
In addition, according to the examining agency, the proposed regulation on the term of ownership of apartment buildings has been discussed and consulted many times, and has been carefully considered. The Standing Committee of the National Assembly, the Government, and the majority of delegates agreed that the term of ownership of apartment buildings should not be regulated in this draft revised Housing Law.
As for land allocated for project implementation with a term, it is to bind the investor's responsibility in project implementation; when the investor sells apartments to organizations or individuals, according to the provisions of the Land Law, that land is stable and long-term residential land, therefore, there is no basis to stipulate the term of apartment ownership according to the land use term.
20% of social housing land fund is reserved for commerce
Regarding the settlement of apartment disputes, there are opinions suggesting that the authority to settle disputes over management and operation costs and maintenance costs be assigned to the district-level People's Committees to avoid piling up the work on the provincial-level People's Committees, especially in large cities.
However, according to the Standing Committee of the National Assembly, apartment buildings often have a large number of owners and complex disputes, so it is appropriate to assign the task to the provincial People's Committee. In cases where the district People's Committee has sufficient conditions and ability to perform this task, the provincial People's Committee can authorize the implementation.
In addition, the Standing Committee of the National Assembly also directed the appraisal agency to coordinate with the drafting agency to revise incentives for investors of social housing projects, on the basis of legalizing Decree No. 100/2015/ND-CP of the Government.
Specifically, investors are given incentives to allocate a maximum of 20% of the total land area within the project for business services, commerce and commercial housing; however, for commercial housing investment, investors must pay land use fees.
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