Overall, the 2023 Housing Law is considered to have the best quality over the past 30 years since the 1991 Housing Ordinance, the 2005 Housing Law and the 2014 Housing Law, with practical relevance and guaranteed consideration. synchronization and unification of legal regulations.
With the completion of the Housing Law, after August 1, apartment dwellers will enjoy many benefits, but will also be subject to stricter influence and control.
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First, mini apartments will be issued pink books. The revised Housing Law has 13 chapters with 198 articles. In particular, Article 57 stipulates that individuals want to build mini apartments (houses with 2 floors or more, each floor has apartments, or from 2 floors and 20 apartments or more) for sale or rent. will have to meet the conditions to be an investor in a housing construction project.
If eligible, the mini apartment will be issued a certificate according to land law (also known as the pink book). The apartment is only for rent, individuals with land use rights must meet 3 conditions, including meeting the requirements for housing construction according to regulations of the Minister of Construction; Meets fire prevention and fighting requirements; Provide traffic roads for firefighting vehicles to perform firefighting tasks in places with multi-storey houses and apartments of individuals according to the regulations of the Provincial People's Committee.
Second, there is no regulation on the duration of apartment ownership. Article 58 of the Housing Law 2023 does not stipulate a term of ownership of an apartment building, but only regulates the term of use of the apartment building to meet the wishes and needs of the apartment owners.
The period of use of the apartment building is determined according to the design documents and the actual period of use of the apartment building according to the inspection conclusion of the competent authority. The term of use of the apartment building according to the design documents must be clearly stated in the appraisal document of the competent authority according to the provisions of construction law.
The announcement of the expiration of an apartment building is carried out in accordance with the provisions of this Law and the law on construction.
Such a regulation is considered reasonable, because each subject's ownership rights over his or her property need to be protected by law and can only be terminated according to the owner's will. At the same time, stipulating the duration of apartment ownership may affect the psychology of apartment buyers, leading to behavioral changes and not choosing to buy an apartment.
Third, exemption from land use fees for renovation and new construction of old apartments. Article 63 of the Housing Law 2023 stipulates preferential mechanisms for implementing investment projects to renovate and rebuild apartment buildings with many preferential mechanisms such as exemption from land use fees and land rent for land area. in the case of having to pay land use fees and land rent within the scope of investment projects to renovate and rebuild apartment buildings.
The investor does not have to carry out procedures to determine land prices, calculate land use fees, exempted land rents and does not have to carry out procedures to request exemption from land use fees and land rents.
Fourth, resolve disputes about apartment maintenance funds. Article 152, Article 153 and Article 154 of the 2023 Housing Law stipulates that the investor of a housing construction investment project is responsible for establishing a separate account to manage maintenance funds and is not allowed to use maintenance funds for any purpose. any other purpose without handing over maintenance costs to the apartment building management board.
The Housing Law stipulates the role of district-level People's Committees in organizing maintenance fee management and enforcement to resolve apartment building disputes on this issue. At the same time, it is stipulated that in case the investor does not hand over maintenance costs, the Management Board shall send a written request to the District People's Committee where the apartment building is located to request the investor to hand over maintenance costs.
The district-level People's Committee must send a document requesting the investor to hand over maintenance costs to the apartment building management board within 10 days. From the date of issuance of the document from the District People's Committee, if the investor does not hand over maintenance funds, a decision to enforce and organize the recovery of maintenance funds will be issued to hand over to the Management Board.
Cases forced to relocate from apartment buildings from August 1
The Government has just issued Decree No. 98 detailing a number of articles of the Housing Law on renovating and rebuilding apartment buildings, clearly stating cases of apartment relocation.
The Decree regulates cases of emergency relocation of apartment buildings, including apartment buildings damaged by fire or explosion that no longer meet safety conditions for continued use; Apartment buildings damaged by natural disasters or enemy sabotage no longer meet the conditions to ensure safety for continued use.
Cases of relocation under the compensation and resettlement plan include:
The apartment building has the main load-bearing structures of the building in an overall dangerous state, at risk of collapse, does not meet the conditions for continued use, and requires urgent relocation of the owner and users. apartment use.
The apartment building is seriously damaged, there is a local dangerous condition of the main load-bearing structure of the building and has one of the following elements: technical infrastructure system for fire prevention and fighting; water supply, drainage, wastewater treatment; The internal traffic power supply does not meet the requirements of current standards and technical regulations or there is a risk of unsafety during operation, exploitation, and use that needs to be demolished to ensure safety for the owner. , apartment users and requirements for urban renovation and embellishment.
The apartment building has one of the following main structures of the building damaged: foundation, columns, walls, beams, beams that do not meet the requirements for normal use but are not subject to demolition.
