Does the new Law on Housing stipulate a time limit for ownership of apartment buildings in Vietnam?

Does the new Law on Housing stipulate a time limit for ownership of apartment buildings in Vietnam?

According to the provisions of the Law on Housing in 2023, the Law does not stipulate a time limit for ownership of apartment buildings, but only stipulates on the time limit for use of apartment buildings.

Article 58 of the Law on Housing in 2023 (effective from January 1, 2025) stipulates on the time limit for use of apartment buildings as follows:

Time limit for use of apartment buildings

1. The time limit for use of an apartment building is determined based on the design documents and the actual use time of the apartment building according to the conclusion of the competent authority. The time limit for use of an apartment building in the design documents must be clearly stated in the document of appraisal by the competent authority in accordance with the provisions of the law on construction.

2. The time limit for use of an apartment building is calculated from the date of acceptance of the apartment building into use in accordance with the provisions of the law on construction.

3. When an apartment building has reached the design life specified in Clause 1 of this Article or has not yet reached the design life but is damaged, has a risk of collapse, and does not ensure safety for the owners and users of the apartment building, the provincial People's Committee must direct the implementation of the inspection and evaluation of the quality of the apartment building construction project in accordance with the provisions of Article 61 of this Law.

4. The announcement of an apartment building that has reached its time limit for use is carried out in accordance with the provisions of this Law and the law on construction.

In conclusion, the time limit for use of an apartment building is determined based on the design documents and the actual use time of the apartment building according to the conclusion of the competent authority.

The time limit for use of an apartment building in the design documents must be clearly stated in the document of appraisal by the competent authority in accordance with the provisions of the law on construction.

Does the new Law on Housing stipulate a time limit for ownership of apartment buildings in Vietnam? - Source: Internet

What are cases of demolition of apartment buildings in Vietnam?

Clause 2 Article 59 of the Law on Housing in 2023 stipulates the cases in which an apartment building must be demolished as follows:

(1) An apartment building that is damaged by fire or explosion is no longer safe enough to continue use.

(2) An apartment building that is damaged by natural disasters or enemy attacks is no longer safe enough to continue use.

(3) An apartment building with the main load-bearing structures of the building in a state of overall danger, with a risk of collapse, and does not meet the conditions for continued use, and needs to evacuate the owners and users of the apartment building urgently.

(4) An apartment building that is severely damaged, with the main load-bearing structures of the building in a state of local danger, and has one of the following factors:

- Fire protection and fire fighting infrastructure systems; water supply, drainage, and wastewater treatment;

- Electricity supply, internal transportation does not meet the requirements of current technical standards and regulations or has a risk of safety in operation, exploitation, and use, and needs to be demolished to ensure safety for the owners, users of the apartment building and the requirements for urban renovation and beautification.

(5) An apartment building that is damaged one of the following main structures of the building:

Foundation, columns, walls, beams, and purlins do not meet the requirements for normal use, but do not belong to the cases that must be demolished in cases (3), (4), but belong to the area that must be renovated and built synchronously with the apartment building that must be demolished according to the approved urban planning.

What is the time to start to calculate the time limit for use of apartment buildings in Vietnam?

Clause 2 Article 58 of the Law on Housing in 2023 (effective from January 1, 2025) stipulates the time at which the time limit for use of an apartment building is calculated as follows:

Time limit for use of apartment buildings

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2. The time limit for use of an apartment building is calculated from the date of acceptance of the apartment building into use in accordance with the provisions of the law on construction.

3. When an apartment building has reached the design life specified in Clause 1 of this Article or has not yet reached the design life but is damaged, has a risk of collapse, and does not ensure safety for the owners and users of the apartment building, the provincial People's Committee must direct the implementation of the inspection and evaluation of the quality of the apartment building construction project in accordance with the provisions of Article 61 of this Law.

4. The announcement of an apartment building that has reached its time limit for use is carried out in accordance with the provisions of this Law and the law on construction.

Therefore, the time limit for use of an apartment building is calculated from the date of acceptance of the apartment building into use.

Best regards!