Will the regulations on apartment use term be adjusted?

Will the regulations on the term of use of apartments be revised when the Capital Law is revised? How is the term of use of apartments currently regulated? - Reader Van Tan

Amending the Capital Law: Will the regulations on the term of use of apartments be adjusted?

This content is mentioned in Resolution 135/NQ-CP dated August 30, 2023 of the Government on the thematic meeting on law making in August 2023.

Regarding some specific contents: Revise regulations on issues that have been commented on by the Government Standing Committee, Government members and Hanoi Party Secretary Dinh Tien Dung, specifically:

(1) Law application: In case a legal document is issued after the effective date of the Law on the Capital (amended) and stipulates mechanisms and policies that are more favorable than the provisions of this Law, Hanoi may choose to apply that legal document;

(2) Research the mechanism to give Hanoi the initiative in deciding on the staffing of cadres, civil servants and public employees to suit the development needs of the capital;

(3) Constructing works directly serving agricultural production in accordance with the principles prescribed by law, and assigning the Government to provide specific regulations;

(4) Clearly stipulate the application of measures to prevent and ensure handling of administrative violations;

(5) Mobilizing resources from land use fees and land rents under Hanoi's management authority: the draft Law stipulates principles, assigning the Prime Minister to decide based on Hanoi's annual revenue report;

(6) Regulations on payment methods for construction - transfer (BT) contracts in cash and land;

(7) Unify regulations on controlled testing models and business and management (O&M) franchises as in the draft Law;

(8) Regulations on the term of use of apartments (with a term) associated with urban reconstruction and beautification and housing policies, purchase, rent, and hire-purchase;

(9) The Government issues bonds to Hanoi to mobilize resources to implement key projects and works of the Capital; Hanoi is responsible for paying interest and principal;

(10) Stipulate principles, management methods, and procedures for establishing projects using regular expenditure funds to implement projects to renovate, expand, or construct new ones in existing public property facilities and works, without controlling the total value of money, and decentralize to Hanoi for consideration and decision;

(11) Legal mechanism to relocate constructions, schools, agency headquarters; construction and management of high-tech zones, cultural villages, etc.

According to the above content, the regulations on the term of use of apartments (with a term) will be adjusted in connection with urban reconstruction, beautification and housing policies, purchase, rent, and hire-purchase when amending the Law on the Capital.

Regulations on current apartment usage period

Currently, according to the provisions of Article 99 of the 2014 Housing Law, the term of use of apartment buildings is as follows:

(1) The term of use of an apartment building is determined based on the level of construction and the quality inspection conclusion of the provincial housing management agency where the apartment building is located as prescribed in section (2). The provincial People's Committee shall allocate funds to conduct housing quality inspection.

(2) When an apartment building has expired its term of use according to the provisions of the law on construction or is seriously damaged, at risk of collapse, and does not ensure safety for users, the provincial housing management agency must organize a quality inspection of this apartment building to handle it according to the following provisions:

- In case the apartment building still ensures quality and safety for users, the owner can continue to use it according to the period stated in the inspection conclusion, except for the cases specified in Clause 2 and Clause 3, Article 110 of the 2014 Housing Law.

- In case an apartment building is seriously damaged, at risk of collapse, and no longer ensures safety for users, the provincial housing management agency must issue a quality inspection conclusion and report to the provincial People's Committee to notify the homeowner in writing;

The content of the notice must be publicly announced on the electronic information portal of the People's Committee and the provincial housing management agency, and on local mass media.

The owner of the apartment building is responsible for demolishing it for renovation, rebuilding a new apartment building or handing it over to the competent authority for demolition and construction of other works as prescribed in section (3).

(3) The handling of apartment buildings and land use rights for apartment buildings that are severely damaged, at risk of collapse, and no longer safe is regulated as follows:

- In case the land with apartment building is still suitable for housing construction planning, the owner is allowed to renovate or rebuild a new apartment building according to the provisions in Section 2, Chapter VII of the 2014 Housing Law;

- In case the land with an apartment building is no longer suitable for the housing construction planning, the apartment building owner must hand over the apartment building to the competent authority for demolition and construction of another project according to the approved planning;

- In case the apartment owner does not comply with the demolition or does not hand over the house, the Chairman of the Provincial People's Committee shall decide to enforce demolition or enforce relocation to hand over the house;

- The settlement of accommodation for owners of demolished apartment buildings is carried out according to the provisions of Article 116 of the 2014 Housing Law on resettlement housing arrangement.

In case of demolition to rebuild an apartment building, the owners are allowed to continue to exercise the right to use the land containing that apartment building; in case of demolition to build another construction, the handling of the right to use the land containing this apartment building is carried out in accordance with the provisions of the law on land.

Source: https://baoquocte.vn/sua-luat-thu-do-se-chinh-ly-quy-dinh-nien-han-su-dung-chung-cu-240780.html