According to the draft amendment, ownership rights to condominium apartments would be tied to the service life of the residential building. Once a building reaches the end of its designed lifespan or is determined to be unsafe following an official inspection, the competent authorities will decide whether the building may continue to be used or must be demolished in accordance with the law. If the building is deemed ineligible for an extension of its service life and demolition is required, ownership rights to individual apartments and other privately owned areas within the building would be handled in accordance with legal provisions, should the proposal be approved by the National Assembly.
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The draft law proposes several measures to protect the rights and interests of apartment owners.
If the land continues to be designated for redevelopment as a condominium project, apartment owners may jointly invest in constructing a new building through a cost-sharing mechanism or choose other options as provided by law.
If owners decide not to participate in the redevelopment, their rights and interests would be addressed through compensation mechanisms or other solutions determined by the competent authorities in accordance with applicable regulations.
In addition to buildings that have reached the end of their service life and are no longer suitable for use, the draft also proposes demolition in several other circumstances, including:
The decision to demolish a building would be based on the structural quality assessment conducted by the competent authorities.
To safeguard residents' rights, the draft also outlines resettlement arrangements for projects involving the renovation or reconstruction of apartment buildings.
Depending on local planning and specific circumstances, residents may be offered on-site resettlement or receive compensation and other forms of support in accordance with current regulations if the land is no longer designated for apartment redevelopment.
Under the current 2023 Housing Law, there is no statutory time limit on apartment ownership. Instead, the law regulates the service life of the building itself.
When a building deteriorates or reaches the end of its designed lifespan, the competent authorities conduct safety inspections to determine whether the building may continue to be used or should undergo renovation, reconstruction, or demolition.
This means that the proposal contained in the draft amended Housing Law is still under consideration and has not become an official legal requirement.
Homebuyers should distinguish between a draft law and legally effective legislation. The provisions outlined in the draft are currently undergoing public consultation and legislative review and may be revised before being submitted to the National Assembly for consideration and approval.
Therefore, at present, ownership rights to condominium apartments remain governed by the existing provisions of the 2023 Housing Law.