The latest draft of the revised Housing Law, prepared by the Ministry of Construction, contains 13 chapters and 149 articles, reducing the legislation by 49 articles compared with the current law as part of efforts to streamline regulations and modernize housing governance.

One of the most closely watched changes is the removal of the proposal to limit apartment ownership based on a building's service life.

Under an earlier draft, ownership rights for apartment units would have been established once the state recognized ownership and automatically terminated when the apartment building reached the end of its approved service life or was required to be demolished before that point under legal safety provisions.

For apartment buildings that had exceeded their design lifespan or suffered severe deterioration that posed structural safety risks, provincial authorities would have been responsible for conducting technical inspections to determine whether both the building's usable life and the ownership period could be extended.

If the building met safety standards, its service life would have been extended. Otherwise, demolition would have been required.

Building lifespan rules remain

Although the ownership proposal has been withdrawn, the latest draft retains provisions governing the lifespan and safety management of apartment buildings.

Article 97 of Chapter VII states that an apartment building's service life will be determined according to its approved design documentation together with actual conditions confirmed through technical inspections.

The approved design lifespan must be specified in official appraisal documents issued by the relevant authorities and will be calculated from the date the building is officially accepted for use.

When an apartment building reaches the end of its design lifespan - or earlier if it suffers serious structural damage, faces a risk of collapse or no longer meets safety standards - provincial authorities must organize inspections and assess its condition.

The draft also specifies circumstances requiring mandatory demolition. In addition to buildings that have reached the end of their service life, structures severely damaged by fire, explosions, natural disasters or serious deterioration that no longer satisfy safety requirements would also have to be demolished.

To protect residents' interests, the Ministry proposes allowing on-site resettlement when the land remains designated for apartment redevelopment.

If the site is no longer zoned for apartment construction, homeowners would receive either financial compensation or resettlement at another location within the same commune, ward or nearby area.

Property rights should remain predictable, legal expert says

Speaking to VietNamNet, real estate lawyer Pham Thanh Tuan, a member of the Hanoi Bar Association, said changing the legal framework for apartment ownership would have far-reaching consequences extending well beyond the housing sector.

For most Vietnamese households, he said, an apartment is not simply a place to live but also one of the family's most valuable assets, accumulated over many years, used as collateral for bank loans and intended to be passed on to future generations.

"When ownership rules change, buyers naturally begin asking questions," Tuan said. "How would ownership extensions be approved? How long would they last? How would property values be assessed? And how would inheritance rights be protected?"

He argued that even if future regulations clearly addressed those issues, uncertainty would already influence buyers' decisions at the time they purchase a home.

For policies directly affecting the property rights of millions of people, he said, lawmakers should carefully consider any changes that introduce additional uncertainty.

The main obstacle lies elsewhere

According to Tuan, years of practical experience suggest that most obstacles to redeveloping aging apartment buildings do not stem from permanent ownership rights.

Instead, the greatest challenge has been balancing the interests of the three key stakeholders involved.

Residents seek fair compensation and better living conditions after redevelopment. Developers participate only when projects are financially viable. Meanwhile, local authorities must balance redevelopment plans with urban planning requirements and infrastructure capacity.

"As long as those three interests remain misaligned, redevelopment projects will continue to face deadlock regardless of whether apartment ownership is permanent or time-limited," he said.

Tuan also noted that the 2026 Capital Law and Resolution No. 66/2026 adopted by the Hanoi People's Council have already provided authorities with stronger legal tools to accelerate the redevelopment of aging apartment complexes without altering homeowners' ownership rights.

"That suggests policymakers have reason to continue improving redevelopment mechanisms before considering fundamental changes to the ownership regime," he said. "The solution to renovating old apartment buildings should begin with improving redevelopment policies so that reforms address the real problems with the appropriate legal tools, rather than creating unnecessary uncertainty for future homebuyers."

Hong Khanh