From 01/01/2025: What are cases of mandatory housing demolition in Vietnam? When shall the demolition of houses in residential areas in Vietnam not be performed?

From 01/01/2025: What are cases of mandatory housing demolition in Vietnam?

Pursuant to Clause 1 Article 136 of the Law on Housing in 2023 stipulating cases of mandatory demolition:

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.

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As regulated above, from 01/01/2025, houses are compulsory to be demolished in following cases:

- 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 as prescribed by law;

- 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 as prescribed by law.

From 01/01/2025: What are cases of mandatory housing demolition in Vietnam? When shall the demolition of houses in residential areas in Vietnam not be performed? - image from internet

When shall the demolition of houses in residential areas in Vietnam not be performed?

Pursuant to Article 138 of the Law on Housing in 2023 stipulating demolition requirements:

Demolition requirements

1. People and property must be evacuated from demolition site.

2. Signs must be erected and measures must be taken to isolate from adjacent areas.

3. 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.

4. 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.

5. 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.

As regulated above, 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 cases of enforced housing demolition in Vietnam?

Pursuant to Article 139 of the Law on Housing in 2023 stipulating demolition requirements:

Enforced demolition

1. If a house is subject to mandatory demolition under Article 136 hereof and its owners, managers, users, or developers of housing investment and construction projects fail to voluntarily perform demolition, competent authority under Clause 2 of this Article shall promulgate decision on enforced demolition.

2. Entitlement to promulgate decision on enforced demolition:

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

b) 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 hereof.

3. District People’s Committees are responsible for organizing enforced demolition in accordance with decision on enforced demolition under Clause 2 of this Article.

4. Expenditure on enforced demolition:

a) House owners, managers, users or developers of housing investment and construction projects shall incur expenditure on enforced demolition and relevant costs;

b) If house owners, managers, users and developers of housing investment and construction projects fail to incur expenditure on enforced demolition and relevant costs, competent authority shall issue decision on seizure of property in order to fund demolition.

As regulated above, if a house is subject to mandatory demolition, and its owners, managers, users, or developers of housing investment and construction projects fail to voluntarily perform demolition, such house shall be enforced demolition.

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