The Ministry of Construction is drafting a Government Resolution on a number of special mechanisms to handle difficulties and problems due to legal regulations and breakthrough regulatory targets for social housing development.
The Ministry of Construction proposes to reduce the conditions for the group of subjects who are households and individuals who are arranged for resettlement when the State reclaims land and will not have to meet housing conditions and income conditions when purchasing social housing, only in cases that have previously enjoyed social housing support policies.
Talking with Lao Dong, lawyer Nguyen Van Dinh - Real estate legal expert agreed and highly appreciated this proposal. If issued, the new regulation will not only help remove the need to implement social housing policies, help speed up the Project to build 1 million social housing units but also have the effect of accelerating the process of site clearance, soon having clean land for socio-economic development projects, thereby promoting economic growth.
"I believe this policy will also receive consensus in society if it is in line with ethics and reason. Because this group of people are disadvantaged due to the State's land acquisition and loss of housing, it is extremely necessary to "s Completely" create conditions for them to own social housing to create new housing. This group of subjects also needs to receive separate "treatment" compared to other subjects" - the lawyer said.
Lawyer Nguyen Van Dinh noted that preferential policies may pose a risk of being taken advantage. For example, if a family whose residential land has been recovered but then finds a new place to live, they still propose to buy a social housing plot to resell for the difference.
To overcome this, it is necessary to step up inspection and supervision, especially post-inspection after selling and handing over social housing to ensure that support policies reach the right beneficiaries, promote the effectiveness of policies, and avoid profiteering.
"It should also be noted that in all cases, a subject is only supported with social housing once in his life and control can be guaranteed through the database system, so the exploitation (if any) will not spread" - Mr. Dinh said.
Lawyer Nguyen Van Dinh commented that a notable point in the proposal of the Ministry of Construction that needs to be carefully considered is the regulation allowing people to participate in land use rights transfer agreements with investors of social housing projects to be given priority to buy or rent-purchase social housing without having to meet housing and income conditions.
Accordingly, this regulation is not really consistent with the nature of the mechanism of land use rights transfer agreements, which is a voluntary civil transaction, the parties are responsible for themselves. This mechanism creates an obligation to supplement the State's social housing fund, which needs to be considered.
This policy can be taken advantage of, for example, an individual can establish a "virtual" enterprise to register for an agreement to transfer land use rights for social housing projects, but in fact, it is only to legalize the "fighting" of conditions for people to buy social housing for the wrong subjects.
