What are cases of relocation of owners and users of apartment buildings under relocation plan in Vietnam starting August 1, 2024, under Decree 98?
What are cases of relocation of owners and users of apartment buildings under relocation plan in Vietnam starting August 1, 2024, under Decree 98?
On July 25, 2024, the Government of Vietnam issued Decree 98/2024/ND-CP detailing some articles of Housing Law 2023 regarding the renovation and reconstruction of apartment buildings.
In Article 23 of Decree 98/2024/ND-CP, the following cases of relocation of owners and users of apartment buildings in Vietnam are stipulated:
Cases of relocation of owners and users of apartment buildings in Vietnam
1. Emergency relocation cases include:
a) The apartment building is damaged due to fire, explosion and no longer meets safety conditions for continued use;
b) The apartment building is damaged due to natural disasters, enemy-caused damage and no longer meets safety conditions for continued use.
2. Relocation cases under compensation and resettlement plans include:
a) The apartment building shows overall dangerous conditions in its primary structural supports with risk of collapse, not meeting the conditions for continued use, requiring emergency relocation of owners and users of apartment buildings;
b) The apartment building exhibits serious damage with locally dangerous conditions in primary structural supports, and includes one of the following factors: fire protection and firefighting technical infrastructure systems; water supply, drainage, sewage treatment; electricity supply, internal traffic which do not meet current technical standards or pose safety risks in operation, needing demolition to ensure safety for apartment owners and users and urban renovation and embellishment requirements;
c) The apartment building is damaged in one of the main structural components: foundation, columns, walls, beams, and trusses that do not meet normal usage requirements, which are not yet subject to demolition under items a, b of this clause, but located in an area requiring synchronized renovation and construction along with apartment buildings subject to demolition as regulated in this clause according to approved construction planning.
The cases of relocation from apartment buildings under the resettlement plan starting August 1, 2024 include:
- Apartment buildings showing overall dangerous conditions in their primary structural supports with risk of collapse, not meeting the conditions for continued use, requiring emergency relocation of owners and users of apartment buildings;
- Apartment buildings exhibiting serious damage with locally dangerous conditions in primary structural supports, and including one of the following factors: fire protection and firefighting technical infrastructure systems; water supply, drainage, sewage treatment; electricity supply, internal traffic which do not meet current technical standards or pose safety risks in operation, needing demolition to ensure safety for apartment owners and users and urban renovation and embellishment requirements;
- Apartment buildings damaged in one of the main structural components: foundation, columns, walls, beams, and trusses not meeting normal usage requirements, which are not yet subject to demolition under items a, b of this clause, but located in an area requiring synchronized renovation and construction along with apartment buildings subject to demolition as regulated in this clause according to approved construction planning.
What are cases of relocation of owners and users of apartment buildings under relocation plan in Vietnam starting August 1, 2024, under Decree 98? (Internet image)
What are the penalties for failing to relocate from apartment buildings on time in Vietnam from August 1, 2024?
* For cases stipulated in clause 1, Article 23 of Decree 98/2024/ND-CP, compulsory enforcement follows this procedure:
- Within a maximum of 3 working days from the expiration date of the emergency relocation order without compliance by apartment owners or users, the provincial housing management authority will report to the provincial People's Committee for issuing a compulsory relocation decision according to clause 2, Article 74 of the Housing Law 2023 applicable to non-complying apartment owners and users, and at the same time, send the decision to the district People's Committee, district police authority, and the commune People's Committee where the apartment requires relocation for public posting and direct notification to the relevant apartment owners and users;
- Within a maximum of 7 working days from the date of the compulsory relocation decision, the district People's Committee where the apartment is located will take the lead and cooperate with the commune People's Committee, the project investor, district police authority, and other relevant local authorities to organize the enforcement of the relocation decision.
* For cases stipulated in clause 2, Article 23 of Decree 98/2024/ND-CP, compulsory enforcement follows this procedure:
- Within a maximum of 15 days from the expiration date of the relocation order without compliance by apartment owners or users, the project investor will report in writing to the provincial housing management authority for submission to the provincial People's Committee to issue a compulsory relocation decision according to clause 2, Article 74 of the Housing Law 2023 applicable to non-complying apartment owners and users, and at the same time, send the decision to the district People's Committee, district police authority, and the commune People's Committee where the apartment is located and post publicly at the apartment location to notify the owners.
- Within a maximum of 15 days from the date of the compulsory relocation decision, the district People's Committee where the apartment is located will take the lead and cooperate with the commune People's Committee, the project investor, district police authority, and other relevant local authorities to organize the enforcement of the relocation decision.
What are the details of plan for allocation of temporary accommodation in Vietnam from August 1, 2024?
Clause 1, Article 26 of Decree 98/2024/ND-CP stipulates the following forms of allocation of temporary accommodation in Vietnam:
- Arranging temporary accommodation at the available resettlement housing fund or state-owned housing fund within the locality or purchasing commercial housing or investing in the construction of a resettlement housing fund using local budget capital or funds from the Local Development Investment Fund or Local Housing Development Fund (if any) for temporary accommodation purposes.
- Paying money for apartment owners and users to arrange their own accommodation.
*Note:
Housing Law 2023 and Decree 98/2024/ND-CP take effect in Vietnam from August 1, 2024.
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