In the afternoon of August 19, the National Assembly continued to discuss in groups the policy orientation for amending the 2024 Land Law; the 2023 Housing Law and the Real Estate Business Law.
Contributing opinions on regulations on the term of use of apartment buildings in the draft Housing Law, delegate Nguyen Tuan Anh (Delegation of National Assembly Deputies of Can Tho City) cited Resolution No. 21-NQ/TW of the 3rd Plenum of the 14th Central Committee, which orients newly built apartment buildings, the term of use of apartments is regulated according to the construction term of the project, associated with ensuring property rights; apartment owners are allowed to fulfill financial obligations to build new apartment buildings according to regulations when the term expires.
This is an important issue and has received a lot of attention because it relates to the constitutional right of "property ownership" of organizations and individuals. The draft Housing Law has institutionalized the Party's Resolution, however, the way of regulating this issue still has contents that are not really clear" - the delegate assessed.
Clause 13, Article 2 and Clause 4, Article 14 of the draft Housing Law stipulate "limited-term apartments", according to which the ownership of apartments and other areas in apartment buildings is established until the apartment building must be demolished.
According to delegate Nguyen Tuan Anh, this regulation has not clearly distinguished between the design term, the actual lifespan of the project and the term of apartment ownership.
The expiration of the design lifespan is only a basis for quality inspection, not necessarily meaning that the project must be demolished or ownership must be automatically terminated" - delegate Tuan Anh said.
Another issue mentioned by National Assembly Deputy Nguyen Tuan Anh is the legal basis for determining the term of use of apartment buildings.
Clause 1, Article 84 of the draft Housing Law stipulates: "The term of use of apartment buildings according to the design dossier must be clearly stated in the appraisal document of the competent authority in accordance with the law on construction".
The delegate said that this regulation does not clearly define which document is the legal basis for recording the term of use of apartment buildings, especially when the design process may go through many steps or be adjusted.
This delegate proposed to amend Clause 1, Article 84 in the direction of specifically determining the term of use of the apartment building in the construction design dossier, based on technical regulations and applicable standards; and at the same time expressed in the notification document of appraisal results, project approval decision or construction design approval decision.
Meanwhile, discussing in groups, delegate Truong Thi Bich Hanh (Ho Chi Minh City Delegation) said that in the past time, voters and people, especially those who are in need of buying houses in large cities, have paid great attention to the issue of apartment lifespan.
For every Vietnamese citizen, an apartment is not only an asset but also a sum of money that each individual and family has accumulated for a long time, for many years to have. An apartment is not only a place where people plan to live for a long time but also wish to be an asset left for future generations.
The draft revised Housing Law introduces a new concept compared to regulations from 2023, which is "term apartments". These are apartments whose term of use is determined according to construction law regulations. Meanwhile, the 2023 Housing Law only stipulates "term of use of apartments".
I think that apartments have a term and the term of use of apartments is two very different concepts in essence" - delegate Hanh stated.
Delegate Duong Minh Tuan (Delegation of National Assembly Deputies of Ho Chi Minh City) cited that currently in many places and in Ho Chi Minh City there are two types of apartments: apartments purchased in the form of long-term ownership and for 50 years of lease. Apartments for rent are usually cheaper than apartments with long-term ownership.
Meanwhile, the psychology of Vietnamese people when buying apartments is to live in them for a long time, so if the regulation "apartments with a term" is issued, it will make people hesitant about this type and switch to buying real estate, which is land.
