What are the demolition requirements in Vietnam under the Law on Housing 2023? What are the regulations on demolition responsibility?
What are the cases where houses must be demolished in Vietnam?
Pursuant to Clause 1, Article 136 of the Law on Housing 2023, cases where houses must be demolished are prescribed as follows:
Cases of mandatory demolition
1. Cases of mandatory demolition:
a) Houses are severely damaged, prone to collapse, not safe for users according to quality inspection conclusion of provincial housing authorities where the houses are located or in state of emergency, natural disaster preparedness;
b) Apartment buildings subject to mandatory demolition under Clause 2 Article 59 hereof;
c) Houses are cleared for land expropriation according to decision of competent authorities;
d) Houses are built in areas where construction is prohibited or on land that is not homestead land according to approved planning;
dd) Houses are demolished due to reasons other than those mentioned under Points a, b, c, and d of this Clause.
2. Demolition under Clause 1 of this Article shall conform to this Law and construction laws.
At the same time, pursuant to the provisions of Clause 2, Article 59 of the Law on Housing 2023, an apartment building shall be subject to mandatory demolition if:
- The apartment building is damaged by fire and no longer satisfies safety requirements for further use;
- The apartment building is damaged by natural disasters or foreign threats and no longer satisfies safety requirements for further use;
- The apartment building have primary load-bearing elements which have shown general dangerous states, are prone to collapse, do not qualify for further use, or warrant immediate evacuation of owners and users of apartment buildings;
- The apartment building is severely damaged, experiencing localized dangerous states of primary load-bearing elements, having technical infrastructures for fire safety, water supply, water drainage, electricity supply, local traffic not satisfactory to applicable technical standards and regulations, or potentially suffers from loss of safety during operation and use, requires demolition for safety of owners and users of apartment buildings and compliance with urban renovation and improvement requirements;
- The apartment building has any of the following primary structural elements: foundation, pillars, walls, girders, beams damaged, does not qualify for regular use, is not subject to mandatory demolition in accordance with Points c and d of this Clause, is located in areas where the apartment building must match apartment buildings subject to mandatory demolition under this Clause according to approved construction planning.
Thus, houses falling into the above cases must be demolished.
What are the demolition requirements in Vietnam under the Law on Housing 2023? What are the regulations on demolition responsibility?
What are the demolition requirements in Vietnam under the Law on Housing 2023?
Pursuant to the provisions of Article 138 of the Law on Housing 2023, when demolishing houses, the following requirements must be noted:
- People and property must be evacuated from demolition site.
- Signs must be erected and measures must be taken to isolate from adjacent areas.
- Safety for people, property, nearby structures, technical infrastructures, social infrastructures must be guaranteed if demolition is not required; hygiene and environment requirements must be met as per the law.
- If demolition solutions are required according to construction laws, house owners, managers, users, and developers of housing investment and construction projects shall produce demolition solutions prior to implementation.
- Demolition of houses in residential areas must not be performed from 12 p.m. to 1 p.m. and from 10 p.m. to 5 a.m. except for cases of emergencies.
What are the regulations on demolition responsibility in Vietnam?
Pursuant to the provisions in Article 137 of the Law on Housing 2023 as follows:
Demolition responsibility
1. House owners or managers, users are responsible for demolition; if houses are cleared for reconstruction of houses or other structures, developers of housing investment and construction projects shall be responsible for demolition.
2. House owners shall demolish their houses if they are capable in accordance with construction laws or hire competent organizations and individuals.
3. Demolition of apartment buildings shall conform to Chapter V hereof.
4. Commune People’s Committees are responsible for monitoring and expediting demolition work in their communes.
Thus, the demolition responsibility is determined according to the above content.
House owners or managers, users are responsible for demolition; if houses are cleared for reconstruction of houses or other structures, developers of housing investment and construction projects shall be responsible for demolition.
The Law on Housing 2023 comes into force from January 1, 2025.
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