What are cases where the State have the right to enforce demolition in Vietnam according to the Housing Law 2023?

Regarding this matter, LawNet would like to answer as follows:

1. What are cases where the State have the right to enforce demolition in Vietnam according to the Housing Law 2023?

The Housing Law 2023 will take effect on January 1, 2025. According to Clause 1, Article 139 of the Housing Law 2023, from January 1, 2025, If a house is subject to mandatory demolition as prescribed and its owners, managers, users, or developers of housing investment and construction projects fail to voluntarily perform demolition, the State shall promulgate decision on enforced demolition.

Specifically, cases of mandatory demolition include:

- 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;

- Apartment buildings subject to mandatory demolition:

+ 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.

- Houses are cleared for land expropriation according to decision of competent authorities;

- Houses are built in areas where construction is prohibited or on land that is not homestead land according to approved planning;

- Houses are demolished due to reasons other than those mentioned above.

Thus, when comparing with the Housing Law 2014, we can see that the Housing Law 2023 has fully, clearly and in more detail stipulates cases of mandatory demolition, as well as cases where the State has authority to enforce demolition. the right to coerce the demolition of houses. Thereby contributing to answering people's problems in carrying out house demolition.

2. Entitlement to promulgate decision on enforced demolition in Vietnam

Also according to Article 139 of the Housing Law 2023, the entitlement to promulgate decision on enforced demolition belongs to the Chairpersons of People's Committees at all levels, specifically as follows:

- Chairpersons of district People’s Committees shall promulgate decision on enforced demolition of houses for land expropriation under Point c Clause 1 Article 136 of the Housing Law 2023, enforced demolition of single-family houses under Points a, d, and dd Clause 1 Article 136 of the Housing Law 2023;

- Chairpersons of provincial People’s Committees shall promulgate decision on enforced demolition of apartment buildings under Points a, b, d, and dd Clause 1 Article 136 of the Housing Law 2023.

- District People’s Committees are responsible for organizing enforced demolition in accordance with decision on enforced demolition issued by Chairpersons of district and provincial People’s Committees

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Key word: right to enforce demolition | demolition | in Vietnam | Vietnam | mandatory demolition |

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