HoREA proposes newly built apartments with a maximum term of use of no more than 99 years

Hiệp hội Bất động sản TPHCM |

The Ho Chi Minh City Real Estate Association has just issued a document contributing opinions to the draft Law on Housing (amended), which proposes a number of contents related to the term of use of apartment buildings.

Ho Chi Minh City Real Estate Association (HoREA) has just issued Document No. 91/2026/CV-HoREA dated August 4, 2026, proposing that the draft Law on Housing (amended) stipulate "the term of use of apartment buildings according to the construction year" applicable to newly built apartment buildings, in order to comply with Resolution No. 21-NQ/TW dated July 28, 2026 of the Party Central Committee.

According to HoREA, Resolution No. 21-NQ/TW has identified strategic viewpoints, goals, tasks and solutions, orienting the amendment of the 2024 Land Law and related laws, ensuring synchronization and unity. In which, there is the task of amending the 2023 Housing Law to develop a healthy, safe, and sustainable real estate market; ensure the right to legal housing of people; ensure social security for housing for subjects entitled to housing and land policies; increase the supply of policy housing, affordable housing, affordable rental housing and reduce commercial housing prices to reasonable levels.

Notably, Resolution No. 21-NQ/TW advocates "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 works, 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" and "no retroactivity for cases where long-term land use right certificates have been issued". According to HoREA, this is the basis for amending the 2024 Land Law, supplementing regulations on long-term land allocation, prioritizing application to investment projects to build apartment buildings.

The Association believes that newly built apartment owners will be granted Certificates of land use rights and ownership of assets attached to land for a long term. At the same time, HoREA proposed to stipulate a maximum term of no more than 99 years, in accordance with international practices, similar to the model of the Housing Development Agency (HDB) under the Government of Singapore, where people have the right to own apartments for a term of 99 years.

In addition, HoREA proposed to continue to recognize cases that have been granted long-term land use right certificates, including cases of residential land that have been granted stable long-term land use right certificates according to the Land Laws of 1993, 2003, 2013 and 2024.

According to the Association, the institutionalization of Resolution No. 21-NQ/TW into the draft Law on Housing (amended) will eliminate the "subsidy" mechanism, and at the same time empower and determine the responsibilities and obligations of apartment owners in fulfilling financial obligations to build new apartment buildings when the deadline is due, thereby overcoming the existing shortcomings, limitations, and inadequacies of current law.

In addition to the policy on the term of use of apartments, Resolution No. 21-NQ/TW also proposes many other solutions such as preferential policies in land allocation and land lease to encourage the private sector to participate in developing rental housing at reasonable prices; special mechanisms to definitively, publicly, and transparently handle prolonged backlog projects; and pilot mechanisms for the State to buy back commercial housing projects of investors who are no longer capable of implementing or cannot be transferred to create state-owned housing funds.

HoREA believes that, along with the system of tasks and solutions proposed in Resolution No. 21-NQ/TW, these policies will create new momentum, new acceleration to develop a healthy, safe, and sustainable real estate market; ensure people's right to legal housing; implement social security for housing; increase the supply of policy housing, affordable housing, affordable rental housing and reduce commercial housing prices to reasonable levels.

Hiệp hội Bất động sản TPHCM
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