VietNamNet Bridge – The Ministry of Construction's tightened regulations for fining those who use their houses for commercial purposes is stirring a public discourse, which claims it to be ‘unreasonable' and ‘unfeasible'.

This is the latest of the ministry's guidelines to implement the Government's Decree 23/2009, which stipulated that organisations and individuals who used residential property for commercial purposes would be fined up to VND30 million (US$1,440).

Nguyen Mai Anh has rented her two-storey house in Hang Phen Street in Ha Noi to a fashion shop owner for three years and it has become the main source of her four-member family's income.

"We have a house ownership certificate, house hiring contract and a trading certificate as required. We don't break the law or trade banned products. Why do the authorities fine us?" Mai Anh asked.

"Is it possible that we're not allowed to use our house as we want to?"

Pham Sy Liem, vice chairman of Viet Nam Federation of Civil Engineering Associations, spoke to Doi song&Phap luat (Life&Law) newspaper about how in Viet Nam, especially in big cities, the trend of using houses for trading purposes or letting others rent houses for trading purposes was very popular.

"In the market economy, the desire to transfer accommodations for trading is understandable," he said, adding that millions of people would be fined if the ministry was determined to implement the decree.

Economic expert Nguyen Minh Phong agreed, saying that the decree should apply for those who hired and wrongly used State-owned houses or apartment buildings.

Phong said that houses in the Old Quarter, for example, have been traded for hundreds of years and owners have paid taxes as required. It means their commercial activities have been accepted.

Nguyen Huu Nguyen from the Ministry of Planning and Investment's Centre for Southern Region Studies said the decree was unprecedented in terms of economic policy.

Since houses in urban areas were built, they were designed for production and commercial uses. Business households are a popular model of the multi-sector commodity economy, which Viet Nam was focusing on.

According to Lawyer Nguyen Hong Tham from Bravo Law Consultant Co, Ltd, the Law on Housing issued in 2005 only stipulated violations such as trading weapons, drugs or prostitution would be fined.

"This is more reasonable and feasible," she said.

In response to the public opinion, Deputy Construction Minister Nguyen Tran Nam said that wrong housing usage, including using houses for production which created loud noises or harming surrounding areas by renting to large numbers of people, would be punished.

The ministry was considering not fining those who were living and doing businesses in their houses to meet people's demands, he said.

VietNamNet/Viet Nam News