HoREA suggests that no laws regarding the tenure of ownership of a limited-term apartment building be added

DNHN - HoREA suggests not to add "stipulations on the period of apartment ownership," as in Article 9 of the "Draft Outline of the Housing Law (amended)," and instead to preserve the provisions on "household ownership right," as "owning a house for a specific term" was stipulated in the Housing Law 2014.

According to the Ho Chi Minh City Real Estate Association (HoREA), there may be a misunderstanding between "ownership of an apartment building on stable and long-term residential land" and the project's "use duration."

Because dwellings and building works have a “use duration”, QCVN 03:2021/BXD specifies the "use duration." In particular, for expired apartment buildings, the provincial housing management agency must organize a quality inspection of the apartment building for handling by the provisions of the Law on Housing 2014 (Article 99), but must still ensure apartment house owners' ownership of apartments, other construction areas, and land use rights by the provisions of the laws on land and housing.

According to Article 99 of the Housing Law 2014, the usable life of an apartment building is defined by the quality of construction work and the quality inspection conclusion of the provincial housing authority where the apartment building is located.

According to the National Technical Regulation on the Principles of Classification and Decentralization of Civil and Industrial Works and Urban Technical Infrastructure (QCVN 03:2021/BXD - promulgated by Ministry of Industry and Trade Circular No. 12, 2012), stipulating the useful life and lifespan of houses and works: Grade 1 special works (Level I): The usable life exceeds 100 years; Grade 2 (Level II) jobs have a service life of 50 to 100 years. Grade 3 works (Level III) have a service life of 20 to 50 years; Grade 4 works (Level IV) have a useful life of fewer than 20 years.

However, construction works have a "use duration" for reasons other than housing, but the "stipulation on the owner’s duration" is not acceptable.

Our country's Housing Law 2014 states that "the parties can agree on the seller to sell the house, transfer the right to use residential land attached to that house within a certain period to the buyer," and the state has full authority to implement this policy when selling state-owned houses to buyers for a set period.

The State has established a policy of selling state-owned houses to renters (house selling prices), with the majority of them being flats and condominiums, during the last 30 years. have the right to own a home that is linked to the ability to utilize land in a stable and long-term manner. 

Refer to the experience of the "social housing" development strategy in "Housing Development Authority of Singapore (HDB)" housing projects, which requires "the duration of ownership of HDB units for 99 years."

According to the organization, the 99-year HDB apartment ownership duration is meant to make it simpler for the Singapore Government to re-use property for urban reconstruction and redevelopment, and it only applies to these types of residences. The government has invested in HDB.

As a result, HoREA wants to preserve the provisions on "ownership rights" and not add "stipulations on the length of apartment ownership" as in Article 9 "Draft Outline of the Housing Law (amended)." The Law on Housing 2014 defined "housing" as "holding a dwelling for a set period" (Article 4; Clause 1, Article 5; Clause 2, Article 9; Article 99; Clause 1, Article 123).

PV