The innovations of Law on Housing 2014
(inlaw.vn) – Law on housing 2014 shall take effect from July 1, 2015, regulating more innovative than Law on housing 2005. In this article scope, INLAW shall introduce gradually changed contents in Law on housing 2015 in comparative with Law on housing 2005.
STAGE 1: PROHIBITED ACTS
Law on housing 2005 (Article 8) regulates 06 groups of prohibited acts in housing sector and one contingent regulation that is “Other acts banned in the housing domain under the provisions of law”. This is the common regulation which easily finding in Viet Nam legislation However, this is not appropriate with regulating legal prohibited articles. Since the legislation system has a common principle that the organizations and individuals could perform their activities which are not banned by law. According to Article 8, Law on housing 2005, it should create difficulties to the person who is responsible for applying law and the other who is adjusted by law, because they could not know excactly that whether there are any prohibited acts else. They have to search on another laws and even bylaws to figure out, that is time-consuming and there are some people could do that.
Meanwhile, Law on housing 2014 have 13 groups of prohibited acts regulated in Article 6 . Notwithstanding there are more prohibited acts, Law on housing 2014 has eliminated clause “Other acts banned in the housing domain under the provisions of law”. This is completely appropriate with principle and technical in making laws and help to understand laws more obviously, corporeality, easily applying.
Law on housing_ Article 6. Prohibited acts
- Infringing the homeownership of the State, organizations, households or individuals.
- Obstructing the fulfillment of state management of housing, exercise of rights and fulfillment of obligations of the organization, household, or individual in terms of the homeownership, use of housing and housing-related transactions.
- Introducing policies on residential construction projects or residential construction projects in contravention of approved residential construction planning, residential development planning.
- Building houses on the pieces of land other than residential land; build houses in contravention of standards for design standards, housing area standards applied to each type of houses as prescribed. Applying the incorrect calculation of floor area prescribed in law on housing sale or specified in the lease purchase agreement.
- Illegal appropriation of housing areas; encroaching upon the space and facilities under common areas or ownership of other owners in any shape or form; arbitrarily change the bearing structure or change the design of private areas in the apartment building.
- Using the common areas and facilities under joint ownership or joint use for private purposes; use common areas or the areas for service provision in a mixed-use building for improper purposes against the approval of residential construction project or the approved project, unless such area is permitted to change purposes by a competent agency.
- Using mobilized capital or advance payments for housing development for improper purposes.
- The investor in a residential construction project authorizing or assigning the parties involved in investment cooperation, joint venture, association, capital contribution or other organizations, individuals to conclude agreements on housing lease, lease purchase, sale, deposit agreements on housing-related transactions or agreement on trading of land use rights in projects.
- Making transactions in housing sale or transfer of housing sale agreement, housing lease, lease purchase, gifting, exchange, inheritance, mortgage, capital contribution, lending, and permission for stay or authorization for housing management not in accordance with this Law.
- Renovating, expanding, demolishing the houses under agreements on housing lease, lease purchase, lending, permission for stay, or authorization of housing management without the consent of the homeowner.
- Using the apartments not for residential purposes; using the area for business purposes in the apartment building under approved project for trading flammable materials, explosives, providing services causing environmental pollution, noise or negative effects on the lives of households and individuals in the apartment building as prescribed in regulations of the Government.
- Using the separate houses for trading flammable materials, explosives, providing services causing environmental pollution, noise or other operations or negative effects on the lives of households and individuals in the apartment building as prescribed in regulations of law on requirements for business.
- Providing information about housing inaccurately, untruthfully, inconfomably with regulations or requests of the competent agencies; destroy or falsify information in the database of housing managed by the competent agencies.