(PLO)- The Law on Housing 2014 (then Decrees 34/2013 and 99/2015) created a relatively basic legal framework for the management of state-owned old houses.
According to some localities in Ho Chi Minh City, there is a legal corridor, however, in reality, there are still many situations where laws and decrees are not fully regulated, causing confusion for operation management units and housing management agencies.
Existences and problems
“The management and use of state-owned housing is currently carried out by the Tan Binh District Public Service One Member Limited Liability Company (the company for short)” – Mr. Truong Tan Son, Vice Chairman of Tan Binh District People’s Committee, stated in the report on the implementation of the Housing Law for the period 2016-2021 in the district.
Accordingly, by the end of December 2021, the district has 208 state-owned home addresses. Regarding difficulties and obstacles, Tan Binh district gave three main reasons.
Current status of the old state-owned apartment building: CUh amnesty PhysicalThuong Kiet
The first is about dealing with house rent debt, one of the cases subject to house recovery specified in Article 84 of the Law on Housing is: “The lessee or the lessee does not pay the house rent for three months or more. without good reason”.
However, the regulation does not clearly state the legitimate reason, so when applied, the company is confused when households receive the notice of house eviction, stating reasons such as economic difficulties, local poor households, single family, old age without help, etc. Then, households asked the company for a gradual payment schedule and in some cases, they applied for an exemption from collecting rent because they could not afford to.
The second difficulty is advising and proposing to sell houses and change the right to rent according to Decree 99/2015, such as the decision on the arrangement of land for users as well as housing is transferred to the real estate industry to manage. The previous management, when handing over to the company for management and keeping, did not specifically show the allocated land area.
Therefore, when advising on the sale of old state-owned houses to submit to the house price appraisal council, the company has difficulty explaining the origin of receipt, proving that the proposed area for sale is the area specified. state ownership or not.
Shared An Quang resident, District 10. Photo: KIEN CUONG
In addition, some cases in C.30 Ly Thuong Kiet Street have the need to increase the usable area but have not been resolved according to the authority, so these households do not agree to continue signing the lease contract. . On the other hand, there are some households who believe that houses which have been granted and used before 1975 are under their ownership.
The third difficulty of Tan Binh district is the handling of violations of construction, expansion and encroachment. When receiving the handover of houses from the previous management agencies according to Directive 43 in 2004, the current situation of apartment buildings and collectives has occurred a situation of expansion and encroachment on the common use, the company has repeatedly announced the request to dismantle but the households have not cooperated.
Similar is the story in District 10. “The total number of old houses under the current state management of the District 10 Public Service Company, as of December 31, 2021, is 1,952 units” – Mr. Doan Hoang Phuong, Head of the Urban Management Department in District 10, said.
District 10 said that in addition to the number of state-owned houses leased by the District 10 Public Service Company, this company is also managing the number of houses that are eligible for installment purchase before April 30, 1975, and have not yet paid off the full payment is 400 units. The District 10 Public Service Company also invited the above households to come and guide them to make a dossier to settle the house rent (instead of buying in installments) but the campaigning process was very difficult, people did not agree to sign the lease contract but wanted to continue buying the house on installments.
In addition, the collection of rent is also problematic because most households in old apartment buildings have difficult circumstances, and collecting rent is not easy. Therefore, the implementation of signing the lease contract achieved very low results.
Suggestions to solve problems
Regarding rent debt, Tan Binh District People’s Committee proposed that for cases of cooperation and payment of part of the outstanding money but still owed for more than three months, the City Department of Construction should consider and propose to the competent authority. the right to accept the company to renew the lease.
This extension is used as a basis for management and rent collection so as not to lose budget revenue. At the same time, supplementing incentive policies so that current house users have more motivation to pay the rent in full, not letting the arrears of rent like in the past time.
Regarding the expansion, encroachment and violation of construction, the law proposes to have more specific regulations on the case of expansion construction in old apartment buildings before the time of transfer to the housing industry for management.
Because if according to the current Housing Law, all of these cases fall under the provisions of Article 84 of the Housing Law that stipulates that houses must be recovered, but in reality, it cannot be recovered because the number of violating households is high (due to the small area, people expand their living area). At the same time, people using houses in old apartments are all in difficult housing situations, if their houses are recovered, people will fall into a dilemma.
On the side of District 10, this district said that there are six old apartment lots in the planning to build green parks, residential units and educational land, which are not eligible for sale under the provisions of Decree 99/2015. Therefore, District 10 recommends the city consider removing obstacles in the sale of state-owned old houses according to regulations for these six lots (in two apartment buildings Ngo Gia Tu and An Quang) because people’s desire to buy houses is legitimate.
District 10 People’s Committee also proposed the city consider and sell old state-owned houses according to regulations to ensure the interests of people in the process of organizing the renovation and construction of new apartments to replace the old degraded apartments.
Income from state-owned housing has been better
According to the Ho Chi Minh City Department of Construction, the total state-owned old housing fund in the city is currently managed by 7,921 apartments (corresponding to 9,683 households), owned by the City Housing Business Management One Member Company Limited and other housing units. Public Service One Member Limited Liability Company of districts, Thu Duc city manages and keeps.
This housing fund includes the old housing fund transferred from Decree 61/1994 of the Government through Decree 34/2013 and Decree 99/2015, new cases are received and transferred.
The Department said that during the 19 years of implementing Decree 61 (1994-2013), the selling price of state-owned houses did not change, regardless of land price fluctuations and price slippage, so the actual number of houses sold was very large, but the revenue for the budget was not much.
Currently, the policy of selling state-owned houses is implemented according to Decree 34/2013 and Decree 99/2015. Accordingly, most of the house selling price mechanism is applied according to the land unit price issued by the City People’s Committee every year. This unit price takes into account land price fluctuations and price slippage, so the actual number of houses sold is not much, but the amount collected for the budget is quite large.
Ho Chi Minh City strengthens the arrangement and handling of public property
The People’s Committee of Ho Chi Minh City has just issued a document (on August 31st) on strengthening the rearrangement and handling of public property.
Accordingly, the City People’s Committee assigned the city departments and agencies; Thu Duc City People’s Committee; districts; District Public Service One Member Limited Liability Company reviews the approval of the plan to rearrange and handle housing and land according to the Government’s decisions to speed up the re-arrangement and handling of the housing projects. Real estate establishments within the scope of which must be rearranged and handled.
The city also assigned the Standing Committee of Steering Committee 167 (Ho Chi Minh City Department of Finance) to give comments on time as prescribed on the proposed plan for rearrangement and handling of housing and housing facilities by ministries, ministerial-level agencies and other agencies. at the central level and the Ministry of Finance to send comments.
The Department of Natural Resources and Environment, the Department of Planning and Economic Affairs, the People’s Committee of Thu Duc City and the districts where housing facilities are located, fully implement their responsibilities for state management of land, land use planning, and construction planning to ensure that The progress of real estate rearrangement and handling of the city.