Details on the procedures for relocation of owners and users of apartment buildings in Vietnam from August 01, 2024

Details on the procedures for relocation of owners and users of apartment buildings in Vietnam from August 01, 2024 (Image from the Internet)

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

Details on the procedures for relocation of owners and users of apartment buildings in Vietnam from August 01, 2024

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

* Emergency relocation procedures under the provision of Clause 1 of Article 23 of Decree 98/2024/ND-CP to be carried out as follows:

- The provincial housing management agency submits to the provincial People's Committee for issuing an emergency relocation decision within a maximum of 03 days from the point at which the competent authority concludes that the apartment building no longer meets safety conditions for continued use as stipulated by law.

The emergency relocation decision includes the following contents: location of the apartment building to be urgently relocated, temporary housing arrangement, relocation method, relocation deadline, responsibilities of the concerned agencies, organizations, and individuals in implementing the emergency relocation decision; relocation costs;

- From the time the emergency relocation decision is made, the district People's Committee where the apartment building is located is responsible for leading and coordinating with local entities to organize the urgent relocation of all owners, users of the apartment building to temporary housing as per the emergency relocation decision specified in point a, clause 1, Article 24 of Decree 98/2024/ND-CP;

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

* Relocation procedures under the provision of Clause 2 of Article 23 Decree 98/2024/ND-CP to be carried out as follows:

- Within a maximum of 15 days from the date the compensation and resettlement plan is approved, the investor coordinates with the provincial housing management agency to report to the provincial People's Committee to issue a relocation decision as prescribed in clause 3, Article 73 of Housing Law 2023 and sends it to the district and communal People's Committees where the apartment building to be relocated is located to directly notify the owners, users of the apartment building to implement;

- Within a maximum of 30 days from the issuance of the relocation decision specified in point a, clause 2, Article 24 of Decree 98/2024/ND-CP, the district People's Committee leads and coordinates with the communal People's Committee, project investor, and related local agencies to organize the relocation of all owners, users of the apartment building to temporary housing to hand over the site to the project investor.

* If a public asset apartment is subject to relocation according to the provisions of Article 23 of Decree 98/2024/ND-CP, the competent state agency must carry out procedures for the recovery of public asset housing as prescribed by housing law.

More details can be found in Decree 98/2024/ND-CP which comes into force in Vietnam from August 01, 2024.

Decree 69/2021/ND-CP on renovation and reconstruction of apartment buildings in Vietnam expires from the effective date of Decree 98/2024/ND-CP.

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