Nghe An National Assembly delegation discussed in groups the draft Law on Housing (amended)

Panorama of the working session on the morning of May 6 at Dien Hong Hall, National Assembly House. Photo: Nam An

Discussing at Group 3 with the delegations of National Assembly deputies from Bac Kan and Bac Lieu provinces, the National Assembly delegation of Nghe An had 6 delegates speaking. Major General Tran Duc Thuan - Standing member of the National Assembly's Committee on National Defense and Security agreed to the adjustment in the draft Law on Housing (amended); however, the draft is not clear, the specificity is not seen, especially the subject should be shown as foreign individuals and organizations right in this law to demonstrate Vietnam's very open housing policy.

National Assembly deputies listen to presentations and reports on the draft Law on Credit Institutions (amended) and the draft Law on Housing (amended). Photo: Nam An

General Thuan also said that the scope of the law includes: Ownership, development, management, operation, housing transactions, housing management; therefore, it is necessary to carefully calculate to avoid overlapping with other laws, as well as unify some related concepts, especially the contents of regulations on housing ownership protection; the area where foreign organizations and individuals are allowed to buy and own houses.

Regarding the right to own houses of foreign individuals and organizations as established in the draft law, exchanging views, Mr. Tran Nhat Minh - National Assembly member in charge of Nghe An delegation said that there is no difference in granting certificates of ownership of houses attached to land to foreign individuals and organizations, compared to domestic individuals and organizations.

Overview of the discussion session at Group 3. Photo: Nam An

“Thus, this regulation contradicts Article 5 of the draft Law on Land (amended) that foreign individuals do not have the right to use residential land in Vietnam,” the delegate from Nghe An asked and requested the drafting agency to study and clearly stipulate in the draft Law on Housing (amended) the recognition of ownership of housing attached to land of foreign organizations and individuals.

Delegate Tran Duc Thuan speaks during the discussion. Photo: Nam An

Delegate Tran Nhat Minh also expressed concern when the draft Law also expanded the cases in which investors are allowed to build commercial housing projects. That is, in addition to having the right to use residential land; having the right to use residential land and other land as prescribed in the current Land Law, it also expanded two more cases: having the right to use non-agricultural land that is not residential land, having paid land use fees or paid land rent, paying land rent at once for the entire lease term, and receiving the transfer of land use rights of the types of land prescribed in the above three cases. The delegate of Nghe An delegation said that this content should be regulated by the Land Law (amended) while the Housing Law (amended) only cites the Land Law (amended).

Delegate Tran Nhat Minh speaks during the discussion. Photo: Nam An

Also concerned about the above content, delegate of Nghe An delegation Nguyen Van Chi - Vice Chairman of the National Assembly's Finance and Budget Committee suggested that it is necessary to consider very carefully, discuss thoroughly to have a unified solution to handle whether these cases should be opened or not?

The Vice Chairman of the National Assembly's Finance and Budget Committee also proposed that there should be separate discussions, explanations and reports, clarifying the policy orientation related to the provisions of the Land Law (amended) on housing ownership in Vietnam by foreign individuals and organizations because the draft Law has stipulated a broader scope of ownership than the current regulations, which is not consistent with the draft Land Law (amended) and related laws. The agencies examining the Land Law (amended) and the Housing Law (amended) should also continue to coordinate to properly handle this content.

Delegate Nguyen Van Chi speaks at the discussion. Photo: Nam An

The delegate of Nghe An also said that the provisions in the draft Land Law (amended) on preferential mechanisms for implementing apartment building renovation projects are not appropriate, the basis is unclear, as well as the necessity to issue these preferential mechanisms. On the basis of incentives, especially tax incentives, delegate Nguyen Van Chi expressed the view that they should be included in legal documents on tax, not referring to specialized laws.

Delegate of Nghe An delegation Pham Phu Binh - Standing member of the National Assembly's Foreign Affairs Committee said that the draft law still has some unclear and unclear points, which are not compatible with other laws related to housing policies for Vietnamese people residing abroad and for foreigners in Vietnam. He found that the draft law still has some unclear and unclear points, which are not compatible with other laws.

Delegate Pham Phu Binh speaks at the discussion. Photo: Nam An

At the same time, regarding the social housing policy, the delegate from Nghe An also pointed out the overlap in the 12 groups of beneficiaries in the draft Law, including the group of poor households in rural areas and the group of poor and near-poor households in rural areas in areas frequently affected by natural disasters and climate change.

At the same time, he also commented that the regulation of social housing as only apartment buildings will cause difficulties in the implementation of social housing policies. Because through surveys and monitoring in the Southwest, some provinces are having to arrange houses considered as social housing for migrants from Cambodia who do not have documents proving that they are Vietnamese citizens, such as adjacent houses, and even arrange farming land for these subjects.

Delegate Thai Van Thanh speaks during the discussion. Photo: Quang Vinh

Delegate Thai Van Thanh - Member of the Provincial Party Executive Committee, Director of the Nghe An Department of Education and Training, highly approved the amendment of the Housing Law; as well as highly appreciated the drafting committee for expressing the Government's decentralization viewpoint to localities; at the same time showing deep concern for the rights and interests of workers; but suggested reviewing to ensure consistency in the use of some terms such as "housing operation management" or "housing management" in the draft Law to avoid confusion between State management of housing and housing management of apartment building and residential area management boards...

Delegate Dang Xuan Phuong speaks at the discussion. Photo: Quang Vinh

In particular, Professor Thai Van Thanh highly appreciated the law on the development of the National Housing Development Strategy. However, in order to successfully implement this Strategy and have the Government direct it comprehensively from the central to local levels; as well as the National Assembly being able to supervise, the Government should be assigned to develop a specific set of criteria on specific matters, with indicators and targets.

Vice Chairman of the National Assembly's Committee for Culture and Education Dang Xuan Phuong - a delegate from Nghe An, commented on some contents on document drafting techniques; social housing land, should stipulate a minimum percentage of land use fees for commercial housing projects and urban areas to develop social housing; also proposed to have a policy mechanism to ensure renovation, while preserving the cultural and historical values ​​of houses with high artistic, architectural, cultural and historical values;...