Vietnam: In what cases is the demolition of an apartment building to renovate and rebuild required? What are the requirements for the demolition of apartment buildings to renovate and rebuild?
- In what cases is the demolition of an apartment building to renovate and rebuild in Vietnam required?
- What are the requirements for the demolition of apartment buildings to renovate and rebuild in Vietnam?
- What are the regulations on plans for relocation in case of demolition of apartment buildings in Vietnam?
In what cases is the demolition of an apartment building to renovate and rebuild in Vietnam required?
Pursuant to Article 110 of the 2014 Law on Housing as follows:
Cases of demolition of apartment buildings for renovation or reconstruction
1. The apartment buildings are subject to demolition for renovation or reconstruction which are determined as prescribed in Point b Clause 2 Article 99 of this Law.
2. The damaged apartment buildings which are not subject to demolition but in the area subject to renovation or construction synchronized with the apartment building subject to demolition as prescribed in Clause 1 of this Article according to approved construction planning.
3. The apartment buildings are demolished according to the agreement between all owners through the Apartment building meeting regardless of not being subject to regulations in Clause 1 and Clause 2 of this Article.
Referring to Point b, Clause 2, Article 99 of the 2014 Law on Housing as follows:
Useful life of apartment buildings
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2. When the useful life of the apartment building expires as prescribed in law on construction or the apartment building is seriously damaged, or in danger of collapse, or unsafe for its occupiers, the housing authority of the province shall carry out the housing quality inspection following procedures below:
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b) In case the apartment building is seriously damaged, in danger of collapse, or unsafe for its occupiers, the housing authority of province shall issue the conclusion on housing quality inspection and send a report to the People’s Committee of the province, then send a notification to the homeowner; the content of the notification must be disclosed on the website of the People’s Committee and the housing authority of province, and by means of local mass media.
The owner(s) of the apartment building must demolish the apartment building to renovate or rebuild a new apartment building or transfer it to the competent agency to demolish or rebuild another construction as prescribed in Clause 3 of this Article.
Accordingly, the demolition of an apartment building to renovate and rebuild in Vietnam shall be conducted in the following cases:
- The apartment building is seriously damaged, in danger of collapse, or unsafe for its occupiers.
- The damaged apartment buildings which are not subject to demolition but in the area subject to renovation or construction synchronized with the apartment building subject to demolition as prescribed in Clause 1 of Article 110 of the 2014 Law on Housing according to approved construction planning.
- The apartment buildings which are demolished according to the agreement between all owners through the Apartment building meeting regardless of not subject to regulations in Clause 1 and Clause 2 of Article 110 of the 2014 Law on Housing.
What are the requirements for the demolition of apartment buildings to renovate and rebuild in Vietnam?
Pursuant to Article 112 of the 2014 Law on Housing, the requirements for the demolition of apartment buildings to renovate and rebuild in Vietnam are as follows:
- Any apartment building which is demolished for renovation or reconstruction must satisfy requirements prescribed in Article 110 of the 2014 Law on Housing and conform to construction planning and approved programs for local housing development.
- Before demolishing the apartment building, the investor must make a plan for relocation, and then send a report to the People’s Committee of the province where the apartment building is located for approval. The plan for relocation must be informed to residential areas where the apartment building to be demolished is located, or announced by means of local mass media or on the website of the People’s Committee or the housing authority of the province.
- The renovation and reconstruction must conform to the project and renovate the housing in the area of the project according to approved construction planning.
- The renovation and reconstruction of state-owned apartment buildings must be approved by the competent agency and in accordance with regulations on the renovation and reconstruction of state-owned houses.
What are the regulations on plans for relocation in case of demolition of apartment buildings in Vietnam?
Pursuant to Article 115 of the 2014 Law on Housing on plans for relocation in case of demolition of apartment buildings as follows:
- In case the single-owner building is being used for lease, the accommodation for lessees shall be arranged according to the agreement between the owner and the lessees.
- If the multi–owner building is invested by a real estate enterprise, the owner of that building and the enterprise shall agree on the plan for relocation following rules prescribed in Article 116 of the Law on Housing 2014 to send a report to the People’s Committee of the province where the apartment building is located.
The owners of the apartment building must hold an Apartment building meeting makes a plan for relocation, and then send it to the People’s Committee of the province where the apartment building is located.
- In case the apartment building is subject to regulations prescribed in Clause 1 and Clause 2 Article 110 of the Law on Housing 2014 but the owner does not implement the decision on demolition, the People’s Committee of the province where the apartment building is located enforces the demolition and make and approve a plan for relocation as prescribed in Article 116 of the Law on Housing 2014.
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