Cases of relocation of owners and users of apartment buildings in Vietnam from August 1, 2024

Cases of relocation of owners and users of apartment buildings in Vietnam from August 1, 2024 (Image from Internet)

On July 25, 2024, the Government of Vietnam issued Decree 98/2024/ND-CP detailing certain provisions of the Housing Law 2023 on the renovation and reconstruction of apartment buildings in Vietnam.

Cases of relocation of owners and users of apartment buildings in Vietnam from August 1, 2024

Article 23 of Decree 98/2024/ND-CP specifies the cases for the relocation of owners and users of apartment buildings as follows:

* Emergency relocation cases include:

- Apartment buildings damaged by fire or explosion that no longer meet safety conditions for continued use;- Apartment buildings damaged by natural disasters or war that no longer meet safety conditions for continued use.

* Relocation cases under compensation and resettlement plans include:

- Apartment buildings with structural integrity issues posing an overall danger, with a risk of collapse, not meeting conditions for continued use, requiring immediate relocation of apartment owners and users;- Severely damaged apartment buildings with local structural integrity dangers and at least one of the following factors: infrastructure systems for fire safety; water supply, drainage, wastewater treatment; electricity supply, internal traffic not meeting current technical standards or posing operational and safety risks, requiring demolition to ensure safety for the apartment owners and users and urban renovation and embellishment needs;- Apartment buildings damaged in any of the following main structural components: foundation, pillars, walls, beams, trusses not meeting normal usage requirements but not within the scope for demolition as stipulated in points a, b, clause 2 of Article 23 of Decree 98/2024/ND-CP but located in an area requiring synchronized renovation with apartment buildings subject to demolition as defined in clause 2 of Article 23 of Decree 98/2024/ND-CP according to the approved construction planning.

Procedures for relocation of owners and users of apartment buildings in Vietnam from August 1, 2024

Article 24 of Decree 98/2024/ND-CP specifies the procedures for the relocation of owners and users of apartment buildings in Vietnam as follows:

* Emergency relocation procedures for cases stipulated in clause 1 of Article 23 Decree 98/2024/ND-CP are carried out as follows:

- The provincial housing management agency submits to the Provincial People's Committee for issuance of an emergency relocation decision within a maximum of 3 days from the conclusion of the competent authority that the apartment building no longer meets safety conditions for continued use in accordance with the law.

The emergency relocation decision includes the following contents: location of the apartment building to be relocated, location of temporary accommodation, relocation method, relocation time, responsibilities of relevant agencies, organizations, and individuals in implementing the emergency relocation decision; relocation costs;

- From the time of the emergency relocation decision, the district People's Committee where the apartment building is located is responsible for organizing and cooperating with relevant local agencies to relocate all apartment owners and users to temporary accommodation according to the emergency relocation decision stipulated in point a clause 1 of Article 24 of Decree 98/2024/ND-CP;

- The provincial housing management agency or the district People's Committee if authorized by the Provincial People's Committee, cooperates with the local financial agency to propose the Provincial People's Committee allocate emergency relocation expenses from the local regular budget expenditure.

* Procedures for relocation in cases stipulated in clause 2 of Article 23 Decree 98/2024/ND-CP are carried out as follows:

- Within a maximum of 15 days from the date the compensation and resettlement plan is approved, the investor cooperates with the provincial housing management agency to report to the Provincial People's Committee for issuance of the relocation decision according to clause 3 of Article 73 of the Housing Law 2023 and sends it to the district People's Committee and the commune People's Committee where the apartment building is located to directly notify the apartment owners and users to be relocated for implementation;

- Within a maximum of 30 days from the date of the relocation decision stipulated in point a clause 2 of Article 24 of Decree 98/2024/ND-CP, the district People's Committee presides over and cooperates with the commune People's Committee, the project investor, and relevant local agencies to organize the relocation of all apartment owners and users to temporary accommodations to hand over the site to the project investor.

* In the event that any apartment within public property is subject to relocation as stipulated in Article 23 of Decree 98/2024/ND-CP, the competent state agency must carry out the procedures for the recovery of public asset housing in accordance with housing law.

More details can be found in Decree 98/2024/ND-CP, which comes into force in Vietnam from August 1, 2024.

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