Comments on the draft Housing Law: Lack of mechanism to control capital mobilized for investment in housing projects

Conference scene. Photo: MH

Comrades: Thai Thi An Chung - Member of the Provincial Party Executive Committee, Deputy Head of the Provincial National Assembly Delegation; Tran Nhat Minh - Member of the National Assembly's Law Committee, full-time National Assembly delegate of Nghe An Provincial National Assembly Delegation co-chaired the conference.

The draft Law on Housing (amended) consists of 13 chapters and 196 articles; regulating ownership, development, management, operation, use of housing, housing transactions and state management of housing in Vietnam.

This Law applies to organizations, households and individuals involved in ownership, development, management, operation, use, housing transactions and state management of housing in Vietnam.

Comrade Tran Nhat Minh - Member of the Law Committee of the National Assembly, full-time National Assembly delegate of the National Assembly Delegation of Nghe An province chaired the comments at the conference. Photo: MH

Participating in the conference, representatives of provincial departments, branches and some localities, along with law-making collaborators of the Provincial National Assembly Delegation, basically agreed with the draft Law on Housing (amended); at the same time, they contributed comments and added some contents to ensure that the law is built tightly and closely to reality to facilitate the implementation process when the law is promulgated and takes effect.

Some opinions are interested in the new point in the draft Law on the concept of "Worker accommodation". Specifically, "worker accommodation" in the draft is a construction project invested in and built on the service land area within the scope of industrial parks according to the provisions of the law on management of industrial parks and economic zones to arrange accommodation for workers and laborers to rent during their working time in the industrial park.

Comrade Nguyen The Phiet - Head of Housing and Real Estate Market Management Department, Department of Construction, gave comments on regulations on workers' accommodation and quality management of apartment buildings. Photo: MH

However, the scope of regulation mentioned in the draft law only regulates the ownership, development, management, operation, use, housing transactions and state management of housing in Vietnam. The opinion is that the draft also needs to clearly stipulate whether "workers' accommodation" is allowed to be sold or transferred or not?

Opinions at the conference also reflected some practical shortcomings related to the handover of technical infrastructure systems of housing projects to local authorities and specialized management agencies, but most of the technical infrastructure works of housing projects are not appraised by state agencies for construction drawings, and are not inspected and approved by state agencies for acceptance and put into use.

Delegates attending the conference. Photo: MH

Therefore, the quality management of these projects is very difficult. The State cannot control the quality of these projects. This draft of the Housing Law (amended) has not resolved the above problems.

It is proposed to supplement the regulation that state agencies (Department of Construction, District People's Committee) are responsible for appraising construction drawing designs and checking and approving acceptance for use of technical infrastructure works of housing construction investment projects.

Comrade Thai Duy Hung - Deputy Head of Land Management Department, Department of Natural Resources and Environment proposed that there should be specific regulations on residential land funds (urban areas, residential areas) when the State pays investors when implementing contracts in the form of BT. Photo: MH

Another issue that delegates are concerned about is that there is currently a situation where investors in housing construction and development mobilize capital contributions from customers but use it for other purposes, not for housing construction. However, the draft lacks a mechanism to control this.

Comrade Nguyen Son Tung - Deputy Head of Urban Management Department, Vinh City People's Committee commented on social housing regulations. Photo: MH

Some opinions also suggested that the drafting agency review the regulations on investors and conditions for being investors in housing construction projects, ensuring consistency with the 2020 Investment Law.

Similarly, review the regulations on authority, approval of compensation and resettlement plans for projects to renovate and rebuild old apartments to comply with the provisions of Article 66 and Point a, Clause 3, Article 69 of the Land Law. It is recommended to stipulate that the authority to issue decisions on compulsory demolition of houses is the chairman of the district-level People's Committee.

The contents of apartment building management boards; housing dispute resolution; forced demolition of houses; requirements for social housing investment projects... were also discussed by delegates, contributing many practical issues.

Based on the comments of the delegates, Comrade Tran Nhat Minh - Member of the Law Committee of the National Assembly, full-time National Assembly delegate of the National Assembly Delegation of Nghe An province has received, recorded and will fully synthesize the comments to report to the National Assembly Standing Committee; at the same time, study to participate in the discussion at the 5th session of the 15th National Assembly.