The draft Law does not specify the ownership period for condominiums.

Sat, 30 Sep 2023 11:13:00  |  Print  |  Email   Share:

The Ministry of Construction, on behalf of the Government, presented the draft Law on Housing (amended) for the first-time review and comments to the National Assembly. In this draft Law, there is no provision regarding the ownership period of condominiums, as suggested by the voters.

Before the 5th session of the 15th National Assembly, voters in Ho Chi Minh City believed that if there were regulations stipulating a "limited ownership period for condominiums," it could affect the mentality of many people in society, leading to changes in behavior. They might no longer choose to buy condominiums and instead opt for low-rise housing or land lots.

Therefore, voters in Ho Chi Minh City propose recognizing ownership of condominiums without a fixed period, linked to the long-term land use rights, or recognizing ownership of condominiums with a fixed period linked to land use rights. This aligns with the Constitution and current legal regulations, as well as the desires of the majority of citizens who want to own condominiums without a time limit. This would provide peace of mind to condominium owners and avoid causing anxiety in society, in line with the Housing Law's provisions for "developing condominiums primarily in special urban areas and urban type I areas."

Furthermore, voters suggest enhancing certain feasible provisions from Decree No. 69/2021/ND-CP on the renovation and reconstruction of condominiums, adding them to Chapter V of the draft Law on Housing (amended).

At the same time, they propose planning the construction of large-scale social housing projects with synchronized technical and social infrastructure to ensure the supply of a large number of social housing units for residents in major cities, including low-income individuals, laborers, and migrants. They also suggest simplifying complex procedures for social housing construction.

Voters in Ho Chi Minh City also propose researching policies and incentives for social housing project investors to promote competition among investors in using energy efficiently in housing construction. They suggest aligning with laws related to public investment, investment, value-added tax, and corporate income tax to create favorable conditions for businesses participating in social housing construction.

Regarding these matters, the Ministry of Construction's response to voters in Ho Chi Minh City is as follows:

Regarding the issue of condominium ownership with a fixed period, in Notice No. 2101/TB-TTKQH, the Standing Committee of the National Assembly also stated that this is a highly sensitive issue with significant social impact and opinions have not yet been unified.

Therefore, the Ministry of Construction has proposed that the Government accept the opinion of the Standing Committee of the National Assembly, which does not stipulate a limited ownership period for condominiums in the draft Law on Housing (amended) for submission to the National Assembly for comments.

On April 14, 2023, the Ministry of Construction, on behalf of the Government, signed Dispatch No. 119/TTr-CP to present the draft Law on Housing (amended) for the first-time review and comments to the National Assembly, which does not specify the ownership period for condominiums as suggested by the voters.

The law codifies certain provisions of Decree No. 69 on condominium renovation.

Regarding the content of elevating certain feasible provisions of Decree No. 69/2021/ND-CP on condominium renovation and reconstruction into Chapter V of the draft Law on Housing (amended), it is currently under review by the 15th National Assembly in its 5th session, with plans for approval in the 6th session. A dedicated chapter has been included in the draft Law to specify various aspects related to condominium renovation and reconstruction. This includes inheriting provisions from existing laws and codifying regulations from Decree No. 69/2021/ND-CP, such as specific guidelines for cases involving condominium demolition, quality assessment, selection of project developers for renovation and reconstruction, principles for compensation, support, resettlement, and temporary housing arrangements for households required to relocate.

Additionally, the draft Law introduces new provisions related to relocation, compulsory relocation, and condominium demolition. It specifies the responsibilities of local authorities in the process of relocation and ensuring the safety of affected households during relocation and demolition. This legal foundation aims to facilitate the renovation and reconstruction of condominiums.

Responsibility for planning large-scale social housing projects.

Concerning the proposal to plan large-scale social housing projects with synchronized technical and social infrastructure and streamline procedures for social housing construction, the draft Law on Housing (amended) has been submitted by the Government to the 15th National Assembly for review during its 5th session and is expected to be approved in the 6th session. It stipulates that the allocation of land reserves for social housing development is the responsibility of provincial People's Committees. Based on the local development programs, plans, and specific conditions, provincial People's Committees can plan and execute large-scale social housing projects with synchronized technical and social infrastructure.

Furthermore, the draft proposes regulations aimed at streamlining investment and construction procedures for social housing development, including:

(i) The procedure for selecting social housing project developers must be consistent with relevant laws on investment, public investment, bidding, land, and construction.

(ii) Land usage fees are waived for social housing developers, covering the entire project area, and they are not required to undergo land valuation procedures or pay land usage fees as specified by land laws.

(iii) Valuation procedures are not required for social housing projects intended for rent.

Amending incentive policies for social housing project investors in a substantial manner.

Regarding policies and regulations related to incentives for social housing project developers, the draft Law on Housing (amended) has provisions in Article 7, requiring the development and management of housing, including social housing, to incorporate energy and land resource conservation. Furthermore, Article 78 of the draft stipulates requirements for social housing investment projects, including the use of energy-efficient technology, resource conservation, green buildings, or smart cities in compliance with relevant laws. For condominiums, the design and installation of telecommunications and information infrastructure must be specified in the construction design documents.

Article 82 of the draft Law addresses incentives for investors in social housing projects for sale or lease, emphasizing substantial incentives that align with land, construction, investment, public investment, bidding, and tax laws in the selection and incentivization of project developers for social housing investment.

According to Chinhphu.vn (Government News).

 

By: Translator: LeAnh-Bizic

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