What is an apartment building according to the law in Vietnam? What is the lifespan of apartment buildings in Vietnam?

What is an apartment building according to the law in Vietnam?

Pursuant to Clause 3 Article 2 of the Law on Housing in 2023 stipulating following regulations:

Definitions

In this Law, the terms below are construed as follows:

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3. Apartment buildings refer to buildings with at least 02 storeys, multiple dwelling units, common staircases and common walkways, private property and common property, common infrastructures and amenities for use by households, individuals, and organizations, including apartment buildings built for residential purposes and apartment buildings built for mixed-use purposes.

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As regulations above, apartment buildings refer to buildings with at least 02 storeys, multiple dwelling units, common staircases and common walkways, private property and common property, common infrastructures and amenities for use by households, individuals, and organizations.

Apartment buildings include apartment buildings built for residential purposes and apartment buildings built for mixed-use purposes.

What is an apartment building according to the law in Vietnam? What is the lifespan of apartment buildings in Vietnam? - image from internet

What is the lifespan of apartment buildings in Vietnam?

Pursuant to Article 58 of the Law on Housing in 2023 stipulating the lifespan of apartment buildings in Vietnam:

Lifespan of apartment buildings

1. Lifespan of apartment buildings shall be determined by design dossiers and actual useful life of apartment buildings according to conclusion of competent authority. Lifespan of apartment buildings according to design dossiers shall be specified in written appraisal of competent authorities in accordance with construction laws.

2. Lifespan of apartment buildings shall start from the date on which apartment buildings are commissioned for use in accordance with construction laws.

3. If lifespan of apartment buildings according to design dossiers under Clause 1 of this Article expires or the apartment buildings in question are damaged, prone to collapse, or do not guarantee safety for owners and occupants of apartment buildings before expiry of lifespan, provincial People's Committees shall coordinate inspection and quality assessment of apartment buildings in accordance with Article 61 hereof.

4. Declaration of apartment building lifespan expiry shall conform to this Law and construction laws.

As regulations above, lifespan of apartment buildings shall be determined by design dossiers and actual useful life of apartment buildings according to conclusion of competent authority.

Lifespan of apartment buildings shall start from the date on which apartment buildings are commissioned for use in accordance with construction laws.

What are cases of mandatory demolition of apartment buildings in Vietnam?

Pursuant to Article 59 of the Law on Housing in 2023, an apartment building shall be subject to mandatory demolition if:

[1] The apartment building is damaged by fire and no longer satisfies safety requirements for further use;

[2] The apartment building is damaged by natural disasters or foreign threats and no longer satisfies safety requirements for further use;

[3] 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;

[4] The apartment building is severely damaged, experiencing localized dangerous states of primary load-bearing elements, having following technical infrastructures:

- Technical infrastructures for fire safety;

- Technical infrastructures for water supply, water drainage;

- Technical infrastructures for 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;

[5] 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 [3] and [4], is located in areas where the apartment building must match apartment buildings subject to mandatory demolition according to approved construction planning.

Note: the Law on Housing in 2023 takes effect from 01/01/2025

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