The Ministry of Construction has just sent a report to the Prime Minister on the acceptance and explanation of the Conclusion of the National Assembly Standing Committee (NASC) and the preliminary review report of the NA Law Committee on the draft Law on Housing (amended). The main focus is the issue of limited-term ownership of apartment buildings.
The Ministry of Construction has removed the regulation on apartment ownership period in the draft Law on Housing (amended). Photo: Van Duan
The Ministry of Construction said that on March 10, the Government submitted to the Standing Committee of the National Assembly a draft Law on Housing (amended).
Based on the Government's submission, on March 16, the National Assembly 's Law Committee issued a preliminary review report on this draft Law. Then, on March 17, the National Assembly Standing Committee held a meeting to give opinions and on March 21, the National Assembly Standing Committee issued a Notice of Conclusion on the draft Law on Housing (amended).
Based on the concluding opinions of the Standing Committee of the National Assembly, the opinions of the Chairman of the National Assembly, the Report of the National Assembly's Law Committee's review, and the opinions of the National Assembly's agencies on the draft Law on Housing (amended), the Ministry of Construction reports to the Prime Minister on the contents expected to be received and explained.
Regarding the issue of limited ownership of apartment buildings, the Standing Committee of the National Assembly and the Law Committee of the National Assembly both proposed that the Government not stipulate the limited ownership period of apartment buildings as in the draft.
However, it is necessary to supplement specific, strict and feasible regulations on the authority, order and procedures for relocating people, demolishing, renovating and rebuilding apartment buildings that are no longer safe for use to protect people's lives and property.
In case the Government finds it necessary to continue submitting to the National Assembly a plan different from the opinion of the National Assembly Standing Committee, it is proposed to develop two plans, including the plan proposed by the Government and the plan according to the conclusion of the National Assembly Standing Committee and the proposal of the examining agency for National Assembly deputies to consider and comment.
At the same time, the Government's submission needs to analyze and clarify the political, legal and practical basis, carefully assess the impact, analyze the advantages and limitations, and perfect the regulations of each option, as a basis for National Assembly deputies to discuss democratically, promote collective intelligence to choose the best and most feasible option, overcome the shortcomings and problems of the current Housing Law, meet the expectations and aspirations of people in society, and effectively serve the socio-economic development process of the country.
Regarding this issue, the Ministry of Construction said that when submitting to the Government, the Ministry of Construction proposed 2 options (1 option with regulations on limited-term ownership of apartment buildings as the Government reported to the Standing Committee of the National Assembly; and 1 option without regulations on limited-term ownership of apartment buildings as concluded by the Standing Committee of the National Assembly).
In Submission No. 68/TT-CP submitted to the Government, the Ministry of Construction also reported specifically on the political, legal and practical bases and carefully assessed the impacts, analyzing the advantages and limitations of each option.
On that basis, the Government has decided to report to the Standing Committee of the National Assembly to choose the option of having regulations on limited-term ownership of apartment buildings in the draft Law on Housing (amended).
Based on the conclusion of the Standing Committee of the National Assembly, the Ministry of Construction recognizes that this is a highly sensitive issue, with a great impact on society and there are still disagreements, especially regarding the plan with regulations on limited-term ownership of apartment buildings. Therefore, the Ministry of Construction proposes that the Prime Minister allow the acceptance of the Standing Committee of the National Assembly's opinion as stated in the Conclusion Notice No. 2101/TB-TTKQH that there is no regulation on limited-term ownership of apartment buildings in the draft Housing Law (removing Articles 25 and 26 in the draft).
However, there are additional and clarified contents on the term of use (in Article 60 of the draft), cases of demolition of apartment buildings (in Article 61 of the draft), clarifying the responsibilities of relevant entities when demolishing, renovating, and rebuilding apartment buildings (from Article 62 to Article 72 of the draft) to have a basis for handling and resolving difficult and entangled cases in current practice.
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