The National Assembly Standing Committee proposed to keep regulations on land types used for commercial housing projects.

Báo Quốc TếBáo Quốc Tế26/10/2023

Continuing the program of the 6th session of the 15th National Assembly, on the afternoon of October 26, Vice Chairman of the National Assembly Nguyen Duc Hai chaired the discussion session on a number of contents with different opinions of the draft Law on Housing (amended).
Quốc hội
Vice Chairman of the National Assembly Nguyen Duc Hai chaired the meeting on the afternoon of October 26.

Research on improving investment procedures and processes for renovation projects

Presenting the Report on explanation, acceptance and revision of the draft Law on Housing (amended), Member of the Standing Committee of the National Assembly, Chairman of the Law Committee of the National Assembly Hoang Thanh Tung said that regarding the form of land use for investment in the construction of commercial housing projects, there are also opinions on this issue such as:

Firstly, it is proposed to stipulate that land that is suitable for planning can be used for commercial housing projects.

Second, it is proposed to remove the provisions at Points c and d, Clause 4, Article 36 of the draft Law submitted by the Government at the 5th session because it is inconsistent with the Party's policy on expanding the scope of land auctions and bidding, which is a loophole causing budget loss.

Third, it is recommended to stipulate this content in the draft Land Law (amended) in a way that must ensure consistency with the Party's policies and guidelines, the consistency of the legal system, and overcome overlaps, conflicts, and infeasibility.

The majority of opinions of the National Assembly Standing Committee proposed to keep the regulations on types of land used for commercial housing projects as in the current Housing Law to prevent loopholes and budget losses due to land rent differences when allowing other types of land to be used for commercial housing projects.

Some opinions agreed with the provisions of the draft Law on Housing (amended) submitted by the Government at the 5th session on adding 2 other types of land for commercial housing projects to institutionalize Resolution No. 18-NQ/TW.

Based on the opinions of the National Assembly deputies, the content on the form of land use for implementing commercial housing construction investment projects will be shown in the draft Land Law (amended); the Housing Law only refers to this content in the Land Law to ensure the consistency of the legal system.

Regarding the renovation and reconstruction of apartment buildings, the Chairman of the Law Committee said that some opinions proposed specific regulations on the order, procedures, authority, and responsibility for moving people out of damaged apartment buildings at risk of collapse; studying and improving the order and investment procedures for apartment building renovation and reconstruction projects to avoid duplication, shorten time, and increase investment attraction.

At the meeting, Delegate Nguyen Quoc Luan, National Assembly Delegation of Yen Bai province, commented on the decision on investment policy for public housing construction investment projects of localities as stipulated in Article 42. Accordingly, at Point c, Clause 1, Article 42 of the draft Housing Law stipulates: The People's Council at the provincial level decides or assigns the People's Committee at the same level to decide on investment policy after receiving consensus from the Ministry of Construction on area standards and interior equipment norms.

According to Mr. Luan, the regulation that localities must obtain consensus from the Ministry of Construction before approving investment policies is unnecessary.

Regarding the development of multi-storey, multi-apartment housing for individuals, also known as mini apartments stipulated in Article 57 of the draft law, delegate Nguyen Quoc Luan supports the addition and completion of policies to develop this type of housing, both mobilizing social resources, especially those of the people participating in housing development, and creating conditions for a part of workers, the poor, low-income people, students in urban areas to have more opportunities to access housing at reasonable costs and with simple and flexible conditions.

However, the provisions in Article 57 are not really complete and difficult to implement. It is proposed to amend and supplement the provisions in this article in the direction that: The State focuses on managing and controlling planning, urban architecture management regulations, construction permits, quality standards, ensuring environmental hygiene, fire prevention and safety, etc. The process of management and use transactions does not generate disputes; at the same time, simplify administrative procedures so that individuals with land use rights and financial potential can easily participate in developing this type of housing.

Need to clarify the issue of the Vietnam General Confederation of Labor participating in the development of social housing

Regarding the regulation that the Vietnam General Confederation of Labor is the investor of social housing projects and workers' accommodation, delegate Luan agreed with Option 1: The Vietnam General Confederation of Labor is the managing agency of social housing investment projects using only trade union financial resources for workers and laborers who are eligible for social housing policies.

Regarding the issue of the General Confederation of Labor participating in the development of social housing, delegate To Van Tam - National Assembly Delegation of Kon Tum province said that this is a new issue, in the implementation process there are still many issues that need to be clarified, the Government has not thoroughly assessed the implementation of existing regulations, therefore, it is necessary to have a thorough overall assessment to see if this issue is "ripe", clear, and has been tested in practice, thereby including it in the regulations in a reasonable manner.

The delegate also said that assigning a state agency or a political or social organization to be the investor of a social housing project for sale or lease purchase is not in line with the requirement of separating the functions of a state agency, the functions of a political or social organization and the functions of production and business. The delegate suggested that it is necessary to consider carefully and not include this content in the law, but to follow current decisions and synthesize practices to legalize mature and clear contents.



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