Time-limited apartment ownership is not against the Constitution, civil law: MoC | National
Deputy Chief Nguyen Manh Khoi claimed that the time-limited apartment ownership proposal is not unconstitutional at all and is in line with civil law. In fact, the Constitution states that property rights are not restricted unless there are regulations to ensure the safety of people’s lives. Moreover, civil law stipulates that the right of ownership ends when the property concerned (in this case, old, degraded, dangerous apartments which must be demolished) is destroyed.
The general administrator also pointed out that the duration of ownership is not limited to 50 or 70 years, because the second draft does not mention the fixed duration of ownership of an apartment. Instead, this term is determined based on the service life of the construction, which is clearly stated in the assessed design, and is calculated from the time the entire construction is put into service. This term must be clearly written in the contract for the purchase of the apartment. At the end of this period, if the apartment is still usable in complete safety, the owner can ask a competent agency to evaluate the apartment with a view to an extension of ownership.
According to Deputy Chief Khoi, this proposal should not prevent investors from investing money in quality permanent construction works, because there are different levels of quality for buildings, which is clearly indicated in the profile of design so that contractors can choose the corresponding construction materials and technologies.
This new content, if it comes into force, is not retroactive, which means that apartments purchased before the law came into force are subject to the regulations at the time of purchase.
Regarding the compensation and reconstruction of fixed-term buildings, the State will directly use its budget to renovate or rebuild buildings that are unsafe due to natural disasters, accidents, fires or explosions. Residents of the affected block will be relocated directly to the old location. In the event that a building has to be dismantled for urban renewal projects according to joint planning, the owners of these apartments are resettled in places specified by these projects. These residents will benefit from new conditions of ownership of their new apartments.
With regard to outdated residential buildings, if the State does not plan to build new apartments there, the owners of these old apartments will receive compensation in accordance with the land policy and will be resettled in suitable places. If new buildings are to be built there, these owners can contribute money for the construction, without having to pay for the land. The construction plan will be negotiated at that time.
The Ministry of Construction said it continues to accept public views to ensure a balanced interest from all stakeholders.