On August 21, the National Assembly discussed in the hall the policy orientation for amending the 2023 Housing Law.
Regarding the concept of "limited-term apartment building" in the draft law, delegate Thach Phuoc Binh (Vinh Long National Assembly Delegation) proposed that the drafting committee consider not using this concept.
Explaining the above proposal, delegate Binh said that the thẩm tra agency itself pointed out that after explaining the term "apartment with a term", the subsequent regulations of the draft mainly used the concept of "term of use of apartment buildings", and at the same time handled the renovation and reconstruction.
“This is not just a story about the term, but for most people, apartments are one of the biggest assets formed from accumulated income over many years.
If the law uses the phrase "apartment building with a term" without clearly explaining the legal consequences, it is very easy to create a mentality that when the project's lifespan expires, people's ownership rights also end" - the delegate from Vinh Long delegation emphasized.
This delegate suggested that it is necessary to clearly distinguish two completely different issues. First, the safety period of the project. Accordingly, when the project is no longer safe, the State must inspect, relocate and demolish it. This is an uncompromising requirement.
Second, property rights of the owner. The fact that a building no longer meets the conditions for technical existence cannot mean that the legitimate property rights of the person who spent money to buy an apartment automatically return to zero.
Right in Resolution No. 21 of the Central Government, the issue of the term of use of apartments is also raised, associated with the construction age, but at the same time, it requires ensuring the property rights of the owner.
Therefore, I propose to remove Clause 13, Article 2 on fixed-term apartments, and unify the use of the concept of apartment building term," delegate Thach Phuoc Binh added.
In addition, it is necessary to supplement a principle to ensure that the expiration of the apartment building or demolition due to no longer ensuring safety does not terminate the legitimate property rights of the owner.
As for Article 91 on rebuilding apartment buildings, the draft has set the obligation for owners to contribute funds for rebuilding. This delegate said that the law must clarify more clearly how the contribution level is determined, is it one-time contribution or on schedule, and what is the consensus rate.
If people do not have the financial capacity to contribute, how are their rights resolved?
According to delegate Binh, it is not possible to let an elderly person, a low-income family that has legally owned an apartment but when the apartment building has to be rebuilt, face the choice of having to immediately have a very large amount of money to contribute, or lose the ability to continue having a place to live in the project.
We must have a strong enough mechanism to demolish a dangerous building, but we cannot let the legitimate property rights of the people also be demolished along with the demolition of the building" - a delegate from the Vinh Long delegation added.
