Hai Phong: How will partially demolished houses be compensated in Vietnam?

Hai Phong City People's Committee released Decision 24/2022/QD-UBND guidance on compensation, support and resettlement when the State recovers land in Hai Phong city. Accordingly, what is the regulation on compensation for partially demolished housing? Looking forward to feedback!

Principle of compensation for property damage when the State recovers land?

Pursuant to Article 88 of the 2013 Land Law, it is stipulated as follows:

"Article 88. Principles of compensation for property damage, cessation of production and business when the State recovers land

1. When the State recovers land, if the owner of lawful property attached to the land suffers property damage, he/she shall be compensated.

2. When the State recovers land, but organizations, households, individuals, overseas Vietnamese or foreign-invested enterprises must stop production and business and suffer damage, they shall be compensated. often damage."

Hai Phong: How will partially demolished houses be compensated in Vietnam?

How is the house partially dismantled, compensated in Hai Phong city?

Pursuant to Article 14 of the Regulation promulgated together with Decision 24/2022/QD-UBND, which stipulates as follows:

Compensation for houses and daily-life works attached to land of households, individuals and overseas Vietnamese.

- The house is mutilated or dismantled according to the planning boundaries, but the remaining area is only stairs, toilets and no other usable area or there is other usable area but it is not safe to use. , does not meet the use function, forced to demolish the entire house, then compensate the entire house area.

- In case the stairs are partially demolished, compensation for the entire staircase will be compensated.

- In case the balcony is partially demolished, the entire balcony will be compensated.

- In case the area is mutilated or demolished according to the planning boundaries, but the remaining area is still used, in addition to compensation for the mutilated or demolished area, the affected area will also be supported. The level of compensation calculation in the area that is mutilated, demolished and supported for the affected area is specified:

+ Calculation of compensation value in the mutilated or demolished area (including the cost of renovation and repair of houses and works); The compensation value within the gender range is calculated according to the compensation unit price issued by the City People's Committee. The amount of compensation is determined as follows:

Demolition of less than 10% of the total floor area and construction works shall be calculated as 20% of the value of the house or work;

Demolition of 10% - 40% of the total floor area, construction works, is calculated as 02 (two) times the demolition value (corresponding from 20% - 80% of the value of the house or work);

Demolition of more than 40% of the total floor area, construction works, is counted as 100% of the value of the house and works.

+ Calculation of additional support for the affected part is specified as follows:

For reinforced concrete frame houses or steel frame structures, the additionally supported construction floor area is calculated from the planned cropping boundary to the nearest bearing structure frame and multiplied by the number of mutilated floors;

For a structural brick building that is partially mutilated, which does not affect the safety of the house, the additionally supported construction floor area is equal to the width of the cropped part with a depth of 1.0 m. from the planning boundary and multiply by the number of floors that are garbled;

The value of additional support for the affected part is calculated at 100% of the new construction value;

- The compensation value in the mutilated or demolished area and the additional value of the affected part must not exceed 100% of the value of the demolished house or work.

Decision 24/2022/QD-UBND takes effect from June 1, 2022.

Khanh Linh

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