Proposal not to stipulate the term of apartment ownership in the draft revised Housing Law

Secretary General of the National Assembly Bui Van Cuong has just signed and issued a notice of the Conclusion of the National Assembly Standing Committee on the draft Law on Housing (amended).

In particular, the notable content that is receiving public attention is related to the issue of limited ownership of apartment buildings. The National Assembly Standing Committee proposed not to add regulations on the limited ownership period of apartment buildings in the draft Law.

However, the Standing Committee noted that it is necessary to supplement specific, strict and feasible regulations on the authority, order and procedures for relocating residents, demolishing, renovating and rebuilding apartment buildings that are no longer safe for use for the purpose of ensuring the health, safety of property and lives of people, and ensuring the legitimate rights and interests of apartment building owners who must relocate to demolish, renovate and rebuild the apartment building.

The 21st session of the National Assembly Standing Committee.

“This is a sensitive and important issue with a profound impact on social life. Therefore, in case the Government finds it necessary to continue to submit to the National Assembly a plan different from the opinion of the National Assembly Standing Committee, it is recommended to develop two plans, including the plan proposed by the Government and the plan according to the conclusion of the National Assembly Standing Committee and the proposal of the Appraisal Agency for National Assembly deputies to consider and comment,” the National Assembly Standing Committee requested.

At the same time, the National Assembly Standing Committee also noted that the Government's submission needs to analyze and clarify the political, legal and practical bases, carefully assess the impacts, analyze the advantages and limitations, and perfect the regulations of each option.

This will serve as a basis for National Assembly deputies to discuss democratically, promote collective intelligence to choose the best and most feasible solution, overcome the shortcomings and problems of the current Housing Law, meet the expectations and aspirations of people in society, and effectively serve the country's socio-economic development process.

Photo: Hoang Ha

Based on the concluding opinions of the National Assembly Standing Committee, the preliminary review opinions of the Standing Committee of the Law Committee, the social criticism opinions of the Central Committee of the Vietnam Fatherland Front and the participation opinions of relevant agencies and organizations, the National Assembly Standing Committee requested the Government to direct the study, acceptance and completion of the draft law, the submission and dossier of the draft law to be submitted to the National Assembly, and at the same time send it to the Law Committee no later than April 10 for official review and submission to the National Assembly at the 5th session (May 2023) as prescribed.

The issue of adding new regulations on limited-term ownership of apartment buildings received much attention at the 21st session of the National Assembly Standing Committee giving opinions on the draft Law on Housing (amended) on March 17.

According to the draft Law on Housing (amended), the right to own an apartment building ends when the apartment building expires or has not expired but falls under the cases of demolition as prescribed by law.

Explaining and accepting opinions at this meeting, Minister of Construction Nguyen Thanh Nghi said that the proposal for apartment ownership as drafted is for the purpose of protecting people's health and lives when the construction is unsafe and does not ensure conditions of use.

"The draft stipulates that ownership only ends when the apartment building is demolished, not when its term of use expires," said Minister of Construction Nguyen Thanh Nghi.