Discussing the draft Law on Housing (amended) in the hall on the afternoon of October 26, many National Assembly deputies gave their opinions on regulations related to the term of use of apartment buildings.
The builder must have a term of use.
Delegate Ta Van Ha ( Quang Nam delegation) highly appreciated the draft law submitted to the National Assembly this time for having many more reasonable points. The draft law stipulates that apartment buildings have a term of use, the term is determined according to the design documents and the actual term of use, however, Mr. Ha said that the draft law has not yet clearly regulated this issue.
“Material structures cannot exist and be durable forever, so construction must have a lifespan,” said Mr. Ta Van Ha.
According to the delegate, in reality, when repairing old apartment buildings, there are still many problems in properly handling them, making it very difficult to gather resources to repair apartment buildings.
Delegate Ta Van Ha, Quang Nam delegation (Photo: Quochoi.vn).
Delegates said that the draft Law on Housing (amended) needs to clearly, consistently, explicitly and transparently stipulate that "apartments need to have a term of use".
“With this regulation, people will have all the necessary information when participating in transactions, transfers, and sales, ensuring the highest benefits for the people,” Mr. Ha suggested.
Delegate Pham Van Hoa ( Dong Thap delegation) also expressed agreement with the regulation that apartment buildings must have a term of use. “The term of use must be based on the quality of assessment and inspection by competent authorities, not on the design of the investor,” said Mr. Hoa.
Distinguish between “use” and “possession”
Participating in the debate, delegate Dong Ngoc Ba (Binh Dinh delegation) said that the draft Law clearly distinguishes between the term of use and ownership. The use has been stipulated in Article 99 of the current law and Article 58 of the draft Law.
At the same time, a regulation on the announcement of the term of use of apartment buildings when the term expires has been added. “This content is clearly distinguished from ownership rights and property rights. In current regulations as well as in the draft Law, for apartment buildings in particular and housing in general, there are no regulations on the term of ownership. Ownership rights are terminated according to the provisions of law,” Mr. Ba stated.
Delegate Dong Ngoc Ba, Binh Dinh delegation (Photo: Quochoi.vn).
The delegate from Binh Dinh shared that the 2015 Civil Code stipulates cases of termination of ownership of property when it is destroyed. Article 214 has separate provisions on the issue of handling ownership of apartment buildings when the apartment building is destroyed. The delegate said that this is a very clear legal basis on the issue of ownership.
However, whether there is a provision for a type of apartment building with a limited ownership period or not needs to be carefully considered in terms of political and practical grounds. Along with that, this content is directly related to the issue of whether the Land Law stipulates the type of land for building apartment buildings with a limited ownership period or not.
From that, delegate Dong Ngoc Ba said that the political and practical basis for this issue is not yet mature enough. On the other hand, in the current context, there is still no issue of regulating residential land in general, and land for building public houses in particular, with a time limit.
Delegate Pham Trong Nghia (Lang Son delegation) said that it is necessary to distinguish between "term of use" and "term of ownership".
Mr. Nghia said that in cases where land ownership is not specified for a specific period, the time of use of the apartment building must still have a time limit according to technical standards for apartment buildings.
Delegate Pham Van Thinh, Bac Giang delegation (Photo: Quochoi.vn).
Also speaking in the debate, delegate Pham Van Thinh (Bac Giang delegation) said that the issue of apartment building usage period can only be resolved if the Land Law has regulations on land use rights with a term.
“If regulations are put in place for real estate projects, residential land, housing, including apartments, implemented after the Housing Law and Land Law (amended) come into effect, which are basically all associated with limited-term land use rights, it will be a breakthrough that brings many benefits to the country,” Mr. Thinh pointed out.
According to the delegate, such regulations help eliminate the attractiveness of speculation in new land use rights, support the current real estate market in our country, and help the State fulfill its responsibility in ensuring housing for all people and providing agricultural land for all people with production needs .
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