During the discussion on the draft revised Housing Law this afternoon (October 26), many delegates focused on the lifespan of apartment buildings.
Representative Ta Van Ha (National Assembly delegation from Quang Nam province) assessed that the draft revised Housing Law submitted to the National Assembly this time has many more reasonable points. However, the draft law stipulates that apartment buildings have a limited lifespan, determined according to the design documents and the actual lifespan.
According to Representative Ha, the law currently does not clearly regulate this issue. Structural materials cannot last forever, so buildings must have a lifespan.
"In reality, when renovating old apartment buildings, there are still many obstacles to properly addressing the issues, and it is very difficult to gather resources for the renovation of these buildings," he emphasized.
Representative Ta Van Ha - Member of the National Assembly delegation of Quang Nam province (Photo: Quochoi.vn).
According to him, the draft law needs to clearly, consistently, and transparently stipulate that apartment buildings should have a limited lifespan. With this regulation, people will have all the necessary information when participating in transactions, transfers, and sales, ensuring the highest possible protection of their interests.
Agreeing with the opinion of delegate Ta Van Ha, delegate Hoang Van Cuong ( Hanoi City National Assembly delegation) suggested that the report explaining and incorporating feedback on this draft law needs to be clarified further. If there is no regulation on the ownership period of apartment buildings, there will be no way to handle future issues, which could become a source of public dissatisfaction.
Representative Hoang Van Cuong argued that the regulation requiring those who own houses without a time limit to pay more rent is unreasonable and that the legitimate interests of the people should be taken into consideration.
Comparing this issue to the provisions in the draft Land Law, Representative Cuong suggested that the Land Law should be amended to stipulate that the use of housing and apartment buildings must have a time limit and a one-time payment according to the term set by the building owner. This would lower the investment costs for apartment buildings, and after the term expires, residents could rent them out again, avoiding the current problematic situation.
Therefore, Representative Hoang Van Cuong affirmed that regulations regarding housing and apartments must have a time limit.
Regarding regulations on the lifespan of apartment buildings, Representative Pham Van Hoa (National Assembly delegation from Dong Thap province) expressed agreement with the regulation that apartment buildings must have a lifespan. The lifespan must be based on the quality assessment and verification by competent authorities, not on the developer's design.
In his report clarifying some issues raised by National Assembly deputies, the Chairman of the National Assembly's Law Committee, Hoang Thanh Tung, stated that the National Assembly Standing Committee's viewpoint has been clearly outlined in the explanatory report on the feedback received, and this is also an issue that has been discussed and incorporated.
Chairman of the Law Committee Hoang Thanh Tung (Photo: Quochoi.vn).
According to Mr. Tung, the draft revised Housing Law clearly shows that the term of use for apartment buildings and the term of ownership for apartment buildings are two different issues.
"The lifespan of apartment buildings is clearly stipulated in the draft law, and that lifespan is determined when the investor prepares the apartment building design plan. Technically, the lifespan could be 50 years, 70 years, 90 years, etc., but the actual lifespan of an apartment building depends on other factors. Or, even after the lifespan expires, if the building is well-maintained and its quality is still usable, demolition would not be considered wasteful," Mr. Tung further explained.
According to Mr. Tung, the draft law also stipulates quality inspection both before and after the expiration of the term. Based on the inspection results, a plan will be developed to determine whether residents are allowed to remain or if they must be relocated and demolished to rebuild.
The Chairman of the Legal Committee also argued that the ownership period of an apartment building should not be linked to the land use period. According to the Land Law, residential land is allocated for long-term stable use without a time limit. As long as the apartment building is in good condition, the ownership rights of the residents remain guaranteed.
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