Is damaged house forced to demolish according to the decision of the competent authority in Vietnam?
Is damaged house forced to demolish according to the decision of the competent authority in Vietnam? Who has competence in issuance of decision on enforcement of house demolition in Vietnam?
Hello, my neighbor has a damaged but still usable house, the rainy season is coming, the authorities will come down to review the local situation and make a report on the condition of the house above. The district agency came down to make a decision to demolish the house. Can I ask is the district agency true? Please advise.
Is damaged house forced to demolish according to the decision of the competent authority in Vietnam?
Pursuant to Article 92 of the Law on Housing 2014 stipulates housing to be demolished as required as follows:
1. Any house is seriously damaged, in danger of collapse, or unsafe for its occupiers which is declared in the Decision on quality assessment issued by housing authority of province where the house is located or in case of state of emergency or response to disasters.
2. Any house in the cases prescribed in Clause 2 Article 110 of this Law.
3. Any house subject to land clearance for land withdrawal according to the decision of the competent agency.
4. Any house built in the area banned from construction or on the piece of land other than residential land under the planning approved by the competent agency.
5. Any house subject to demolition prescribed in law on construction.
Thus, your neighbor's house is seriously damaged, in danger of collapse, or unsafe, and has concluded the quality inspection of the provincial housing management agency where the house is located or in case of state of emergency or response to disasters will be forced to demolish according to the provisions of law in Vietnam.
Who has competence in issuance of decision on enforcement of house demolition in Vietnam?
According to Clause 2, Article 95 of the Law on Housing 2014, regulations on enforcement of housing demolition are as follows:
2. Competence in issuance of decision on enforcement of house demolition shall be regulated as follows:
a) The President of the People’s Committee of district shall issue the decision on enforcement of house demolition for land withdrawal prescribed in Clause 3 Article 92 of this Law, separate house demolition prescribed in Clause 1, 4 and 5 Article 92 of this Law;
b) The President of the People’s Committee of province shall issue the decision on enforcement of apartment building demolition prescribed in Clause 1, 2, 4 and 5 Article 92 of this Law.
According to this Article, the authority to issue decision on enforcement of house demolition in the above case belongs to the President of the district-level People's Committee in Vietnam.
Best Regards!
