In case a house is demolished for rebuilding but the lease term does not expire, is it necessary to notify and arrange another accommodation for the lessee?
- Is housing demolition one of the forms of housing management?
- When shall a house be demolished?
- What are the regulations on responsibility and requirements for housing demolition?
- If a house is demolished during the lease term, is it necessary to notify and arrange another accommodation for the lessee?
Is housing demolition one of the forms of housing management?
Pursuant to Article 75 of the Law on Housing 2014 of Vietnam on content of management and use of housing:
- Compiling, archiving and management of documents on housing.
- Home insurance.
- Management and use of housing possessing art, culture and/or history value.
- Management and use of state-owned housing.
- Housing warranty, maintenance, renovation, or demolition.
According to the above regulations, house demolition is one of the forms of housing management content.
When shall a house be demolished?
Pursuant to Article 95 of the Law on Housing 2014 of Vietnam on housing to be demolished as required:
“Article 92. Housing to be demolished as required
1. Any house is seriously damaged, in danger of collapse, or unsafe for its occupiers which is declared in the Decision on quality assessment issued by housing authority of province where the house is located or in case of state of emergency or response to disasters.
2. Any house in the cases prescribed in Clause 2 Article 110 of this Law.
3. Any house subject to land clearance for land withdrawal according to the decision of the competent agency.
4. Any house built in the area banned from construction or on the piece of land other than residential land under the planning approved by the competent agency.
5. Any house subject to demolition prescribed in law on construction.”
Thus, such housing is demolished in the above cases.
What are the regulations on responsibility and requirements for housing demolition?
* Responsibility for housing demolition is stipulated in Article 93 of the Law on Housing 2014 of Vietnam:
- The homeowners or the occupiers are responsible for housing demolition; in case it required to carry out the land clearance to rebuild the housing or other construction, the investor shall be responsible for the housing demolition.
- The homeowner may demolish the house themselves as prescribed in law on construction or hire an organization or individual in charge of housing demolition.
- In case an apartment building is demolished to renovate or rebuild a new apartment building, it must comply with Section 2 Chapter VII of this Law.
- The People’s Committee of the commune shall observe and expedite the housing demolition in the commune.
* Requirements for housing demolition are stipulated in Article 93 of the Law on Housing 2014 of Vietnam:
- People and assets must be moved outside the demolition area.
- There are warning signs and solutions to isolating from surrounding area.
- The requirements pertaining to the safety of people, assets, surrounding construction, technical infrastructural works not subject to demolition and hygiene and environment must be satisfied as prescribed.
- The demolition of the housing in the residential areas may not be conducted from 12 p.m. to 13 p.m. and from 22 p.m. to 5 a.m., except for state of emergency.
Based on the above regulations, the housing demolition must ensure the responsibilities and comply with the requirements as prescribed.
Responsibility of lessor in case of demolition of rental house
If a house is demolished during the lease term, is it necessary to notify and arrange another accommodation for the lessee?
Pursuant to Article 97 of the Law on Housing 2014 of Vietnam on demolition of the housing under lease agreement:
- The lessor must notify the lessee of the demolition in writing for at least 90 days before demolition, except for state of emergency or demolition as defined in the administrative decisions of the competent agency.
- In case of demolition for rebuilding the house and the lease term does not expire, the lessor take responsibility for arranging another place for the lessee during the demolition and reconstruction period, unless the lessee agrees to manage the dwelling themselves. After finishing the house, the lessee entitled to keep renting the house until the lease agreement expires, unless the lessee does not wish to keep renting that house; in case the lessee manage the dwelling himself/herself, he/she is exempt from the rent during the demolition or reconstruction period, such period shall not be included in the term of the lease agreement.
Thus, according to the above provisions, we see that in case of demolition for rebuilding the house but the lease term does not expire, the lessor is responsible for notifying the demolition in writing to the lessee at least 90 days before demolition (except for emergency cases) and must arrange other accommodation for the lessee during the time of house demolition and rebuilding according to regulations.
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