Controversy over ownership of condominiums with a term: Proposal to correct the content recorded on the 'pink book'
Experts say that people are not too worried about the regulations on ownership of apartment buildings for a limited time. At the same time, the proposal on the "pink book" should clearly state land ownership (long-term) + ownership of houses and properties attached to land (with a fixed term) to avoid misleading people.
Proposing to correct the content recorded in the "pink book"
In the Draft Law on Housing (amended) recently submitted by the Government to the National Assembly Standing Committee, the Government offered a single option, apartment ownership needs a time limit to continue to attract many public opinions. and experts.
Sharing with us, N.Q readers said that there are no permanent construction works, but the State's regulation on the term of apartment use is not reasonable. Should there be safety, technical standards and testing done over time? The inspection, monitoring of use status allows to prevent deterioration and determine when the asset needs to be rebuilt.
“During use, residents can contribute to the Housing Development Fund. The state uses this money to invest and rebuild when it expires while still ensuring the right to long-term use for people ...", this reader suggested.
Expert Tran Xuan Luong suggested that on the "pink book" it is necessary to clearly state land ownership (long-term) + ownership of houses and land-attached assets (with a fixed term) to avoid misleading people.
Talking to PV, Mr. Tran Xuan Luong, PhD in Real Estate, National Economics University, said that people are not too worried about the regulations on ownership of condominiums with a term, when the term expires, where will you move? Because according to Mr. Luong, the land is long-term ownership, so the rights of the people remain intact.
According to Mr. Luong, the "pink book" currently includes both land use rights and assets attached to land (for long-term use), causing people to misunderstand. The concept of an apartment building has been swapped for a long time.
Therefore, Mr. Tran Xuan Luong proposed on the "pink book" to clearly record 2 contents including: 1 line of long-term land ownership; 1 line stating the ownership of the house and assets attached to the land (with a term).
The term for how long depends on the apartment and how many years the property has. The Law on Housing clearly stipulates which types of houses have the term of use. For example, apartment buildings have a term of 50-70 years.
Even longer, due to the inspection and maintenance process, then the authorities will evaluate each specific time. At the same time, Mr. Luong proposed to amend the Law on Housing and the Law on Land in this direction to synchronize and avoid overlap.
Sharing the same view, Mr. Nguyen Van Dinh - Chairman of the Vietnam Real Estate Brokers Association said that it is necessary to define the term of apartment ownership to make it easier to renovate old and expired apartments. use. At the same time, this regulation, when passed, will contribute to reducing apartment prices.
Meanwhile, Mr. Le Hoang Chau - Chairman of the Ho Chi Minh City Real Estate Association (HoREA) said that the regulation on termination of ownership of an apartment building when the apartment building has not expired but is in the case of having to be demolished.
The demolition is not in accordance with the provisions of the Civil Code 2015, the Land Law 2013 and the draft Land Law (amended) because it is not possible to identify the "use term of the apartment building" with the "ownership of the apartment building". , because these are two completely different categories.
HoREA President analyzed, in Clause 3, Article 214 of the Civil Code 2015, specifically stipulating that in case the apartment building is destroyed, the rights of the apartment owner shall comply with the provisions of the law.
That is, the apartment owner's rights still exist and are exercised in accordance with the Housing Law. Even if the apartment building has been demolished, it cannot be identical with the destroyed apartment building.
What is the expiration date for house processing?
Around this issue, Deputy Minister of Construction Nguyen Van Sinh said that according to the draft Law on Housing (amended), from the time the law takes effect, the construction of apartment buildings with a fixed term will apply.
According to Mr. Sinh, this is decided by local authorities, according to each project, setting the target of the investor. The investor planning to build 70 years will design 70 years and the local government approves 70 years and sells at the price of this period. If design 100 years will approve this time. Flexible term is not fixed 50 or 70 years.
“A 50-year design project cannot be said to be 70 years because the agency will verify and approve it later. This depends on the investor," Mr. Sinh said.
At the same time, the term of ownership of the apartment building must be clearly stated in the contract of sale, purchase or lease purchase of an apartment or other area in the apartment building.
In case the apartment building expires but still meets the conditions for continued use according to the inspection conclusion of a competent agency or organization, the owner shall request the certificate-issuing agency to extend the time limit. ownership period in the Certificate according to the term stated in the inspection conclusion.
The advantage of the new proposal is to reduce the burden on the state budget in implementing the policy of renovating, demolishing and rebuilding apartment buildings as current.