No regulations on limited-term ownership of apartments in the draft Law on Housing (amended)

(HNMO) - Continuing the program of the fifth session of the 15th National Assembly, on the morning of June 19, Minister of Construction Nguyen Thanh Nghi received and clarified a number of issues raised by National Assembly deputies related to the draft Law on Housing (amended) and the Law on Real Estate Business (amended).

Overview of the morning meeting on June 19.

Regarding the scope of regulation, the Minister said that although the scope of regulation of the two draft laws also mentions mixed-use buildings, the Housing Law (amended) only regulates issues related to the management and use of mixed-use buildings, including housing areas. The draft Law on Real Estate Business (amended) regulates the contents related to real estate business activities, including housing and other buildings. Therefore, the scope of regulation of the two draft laws does not overlap.

According to the Minister, 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. For the content related to construction activities, it has referred to the law on construction. Therefore, in reality, the application of the Law on Housing and the Law on Construction is not mixed.

Minister of Construction Nguyen Thanh Nghi received and clarified a number of issues raised by National Assembly deputies.

Regarding housing ownership policy, the Government has reported to the National Assembly Standing Committee to choose the option of having regulations on limited-term apartment ownership in the draft amended Law. In the conclusion announcement 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 requested the Government to accept the opinion of the National Assembly Standing Committee not to have regulations on limited-term apartment ownership in the draft amended Housing Law submitted to the National Assembly for comments.

However, the draft Law has added more clarification on the term of use of apartment buildings, cases of breaking down apartment buildings, rights and obligations of owners in moving, demolishing and contributing funds to rebuild apartment buildings; clarifying the responsibilities of relevant entities when breaking down, renovating, rebuilding apartment buildings to have a basis for handling, resolving, and removing cases that are facing difficulties and obstacles in reality today. The drafting agency will study the opinions of National Assembly deputies, report to competent authorities to ask for the National Assembly's opinion.

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 housing needs of 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, ensure compliance with the Party's policies, and be consistent with relevant legal regulations.

Delegates attending the meeting on the morning of June 19.

Minister Nguyen Thanh Nghi also explained the issue raised by the delegates regarding the regulations on land use for commercial housing development. The drafting 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 report to the Government to continue reviewing and clarifying related contents such as the opinions of National Assembly deputies to ensure feasibility and speed up the implementation of renovation and reconstruction projects of apartment buildings,” said the Minister.

Regarding the social housing development policy, letting the provincial People's Committee decide the rate of deduction from land use fees and land rents of 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 rate in the local budget; not stipulating the rate of revenue from land use fees and land rents of commercial housing and urban area construction investment projects.

Vice Chairman of the National Assembly Nguyen Khac Dinh delivered concluding remarks at the discussion session.

Concluding the discussion, Vice Chairman of the National Assembly Nguyen Khac Dinh said that the majority of delegates expressed high consensus on many contents of the draft Law, and at the same time gave frank and enthusiastic comments on many contents of the draft Law, analyzed and deeply assessed many shortcomings and problems, and made many recommendations to perfect the draft Law. After the meeting, the National Assembly Standing Committee will direct relevant agencies to fully synthesize opinions, study, absorb, explain, continue to organize conferences and workshops to collect opinions, and organize conferences of specialized National Assembly deputies to continue perfecting the draft Law.

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