What are principles of renovation and reconstruction of apartment buildings in Vietnam?

What are principles of renovation and reconstruction of apartment buildings in Vietnam? - image from internet

Pursuant to Article 19 of the Decree 69/2021/ND-CP (effective from 01/09/2021) stipulating principles of renovation and reconstruction of apartment buildings in Vietnam:

1. Renovation and reconstruction of apartment buildings must be implemented as per planning and aim to renovate, improve urban areas, and conform to construction planning, land use plans and planning, housing development programs and plans for reconstruction and renovation of apartment buildings approved by competent agencies.

In case an apartment building which is not under apartment renovation and construction plan approved must be immediate deconstructed due to incident, natural disaster or fire, People’s Committee of province must immediately relocate households away from the apartment building and include said apartment building in apartment renovation and reconstruction plan of the province.

2. Implementation of apartment renovation and reconstruction project must comply with construction laws, housing laws, land laws, relevant law provisions and this Decree; project developers must prioritize deconstruction of apartment buildings under Clause 1, Point a Clause 2 Article 5 of this Decree for reconstruction over other apartment buildings that are required to be deconstructed. Apartment renovation and reconstruction projects are not required to spare land area for construction of social houses as per housing laws.

3. The scope of apartment renovation and reconstruction project is identified under detail planning or in agreement of project investment guidelines approved by competent agencies.

4. For current apartment complexes specified under Clause 2 Article 110 of Law on Housing, local governments may implement one or multiple renovation and reconstruction projects for the apartment complexes while maintaining connection to technical infrastructure, social infrastructure, and adherence to detail planning of the apartment complexes approved by competent agencies.

In case of implementing one project, project developers may divide investment into stages as long as they deconstruct apartment buildings under Clause 1, Point a Clause 2 Article 5 hereof for construction first while remaining apartment buildings in the areas are reconstructed according to apartment renovation and reconstruction plan approved by People’s Committees of provinces later. Division of investment for apartment renovation and reconstruction project must be identified in agreement of investment guidelines approved by competent agencies, compliant with practical conditions, project implementation period of each apartment building, and adhering to this Article.

5. In case of inability to keep up with progress of investment projects according to decisions to approve investment guidelines, competent agencies capable of approving investment guidelines shall decide to extend or terminate implementation of investment projects. In case of terminating project implementation, People’s Committees of provinces are responsible for organizing selection of new project developers according to this Decree; for apartment renovation and reconstruction projects under Clause 1 Article 6 of this Decree, competent agencies capable of deciding on investment guidelines shall decide to extend implementation period in a manner similar to projects utilizing public investment.

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