Resolution No. 21-NQ/TW (abbreviated as Resolution 21, issued on July 28, 2026) sets out the orientation: long-term land allocation for commercial housing construction for sale, prioritizing mainly apartment buildings.
In which, for newly built apartment buildings, regulations on the term of use of apartment buildings according to the construction term of the project, associated with ensuring property rights, apartment owners are entitled to perform financial obligations to build new apartment buildings according to regulations when the term expires.
Experts assess that the policy will have a direct impact on people's property ownership rights and market sentiment, so it needs to be designed with appropriate implementation mechanisms.
The biggest challenge still lies in the market's reaction. Vietnamese people have long considered housing as accumulated and hereditary assets, so information related to the term of use of apartments may cause a part of buyers to worry if not fully explained.
Lawyer Nguyen Dang Tu (Ho Chi Minh City Bar Association) said that according to the orientation of Resolution 21, land for commercial housing construction is still allocated for a long term, but the construction works above, specifically apartment buildings, will have a term of use associated with the construction age. If the term of use expires and the apartment building still ensures quality, it can still be continued to be used, and there is no such thing as being forced to demolish or people having to pay more money.
When an apartment building has to be demolished, the law still ensures the legitimate rights and interests of people through compensation, resettlement, rebuilding of apartment buildings or resolving land use rights according to regulations.
According to Lawyer Nguyen Dang Tu, the breakthrough change of Resolution 21 is that apartment owners have the right to fulfill financial obligations to build new apartments. Specifically, if they want to continue to have a modern new place to live on the old land, people must make financial contributions instead of automatically waiting for full support from the budget or the investor.
The viewpoint of the Vietnam Real Estate Market Evaluation Research Institute (VARS IRE) said that it is necessary to clearly distinguish between land use rights and the term of use of works. According to the new orientation, land use rights for commercial housing are still kept stable and long-term; while the term of use of apartments is determined according to the technical lifespan of the building.
To ensure that the regulation can be effectively implemented, VARS IRE proposes to continue to concretize the criteria for determining the lifespan of works; conditions, procedures and authority to determine works that have expired; mechanisms for fulfilling financial obligations when rebuilding apartment buildings; rights of owners after apartment buildings are newly built; as well as handling plans for cases that do not reach consensus or are not financially capable.
This unit proposed building a roadmap for appropriate application to new apartment projects and strengthening communication to help people understand the true nature of policies. Accordingly, regulations on the term of apartment use do not change long-term land use rights but aim to manage the life cycle of works, ensure safety and protect people's rights when apartments expire their service life.
The Ho Chi Minh City Real Estate Association (HoREA) also made a noteworthy proposal to apply the "land allocation for 99 years" model similar to Singapore. Accordingly, the State should allocate land for a long term (for example, 99 years) to businesses to develop projects. Businesses then sell apartments to customers for a corresponding term. When this term expires, the land is returned to the State for re-planning.
This will help make the renovation of old apartment buildings more convenient, ensure housing security for the next generations and especially will help reduce apartment prices. When apartments are sold for a limited time, house prices will be cheaper than long-term apartments. Reshaping the real estate market in the direction of taking the value of use as the center instead of speculative value. When land is no longer a tool to accumulate super profits, and apartments return to their true nature as places to live, the market will develop healthier and more sustainably.
