Lifespan of apartment buildings as of January 1, 2025 in Vietnam (Law on Housing 2023)

Lifespan of apartment buildings as of January 1, 2025 in Vietnam (Law on Housing 2023)
Lê Trương Quốc Đạt

What are the regulations on lifespan of apartment buildings as of January 1, 2025 in Vietnam? - Ngoc Tuyen (Long An)

Lifespan of apartment buildings as of January 1, 2025 in Vietnam (Law on Housing 2023)

Lifespan of apartment buildings as of January 1, 2025 in Vietnam (Law on Housing 2023) (Internet image)

Regarding this issue, LawNet would like to answer as follows:

On November 27, 2023, the National Assembly passed the Law on Housing 2023

1. Lifespan of apartment buildings as of January 1, 2025 in Vietnam (Law on Housing 2023)

The lifespan of apartment buildings according to Article 58 of the Law on Housing 2023 is as follows:

- 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.

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

- If lifespan of apartment buildings according to design dossiers under Clause 1 of Article 58 of the Law on Housing 2023 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 of the Law on Housing 2023.

- Declaration of apartment building lifespan expiry shall conform to the Law on Housing 2023 and construction laws.

Currently, Article 99 of the Law on Housing 2014 stipulates the lifespan of apartment buildings as follows:

- The useful life of an apartment building is determined according to the class of the construction and conclusion on quality assessment provided by the housing authority of province where the apartment buildings prescribed in Clause 2 of Article 99 of the Law on Housing 2014 are located. The People’s Committee of the province shall grant funding to carry out the housing quality assessment.

- When the useful life of the apartment building expires as prescribed in law on construction or the apartment building is seriously damaged, or in danger of collapse, or unsafe for its occupiers, the housing authority of province shall carry out the housing quality inspection following procedures below:

+ In case the apartment building is still quality and safe for occupiers, its owner(s) entitled to use it for a period stated in the conclusion, except for cases prescribed in Clause 2 and Clause 3 Article 110 of the Law on Housing 2014;

+ In case the apartment building is seriously damaged, in danger of collapse, or unsafe for its occupiers, the housing authority of province shall issue the conclusion on housing quality inspection and send a report to the People’s Committee of the province, then send a notification to the homeowner; the content of the notification must be disclosed on the website of the People’s Committee and the housing authority of province, and by means of local mass media.

The owner(s) of the apartment building must demolish the apartment building to renovate or rebuild a new apartment building or transfer it to the competent agency to demolish or rebuild another construction as prescribed in Clause 3 of Article 99 of the Law on Housing 2014.

- Any apartment building and the piece of land on which an apartment building is located prescribed in Point b Clause 2 of Article 99 of the Law on Housing 2014 shall follow the procedures below:

+ In case the piece of land on which the apartment building is located is still conformable with the planning for housing construction, the owner(s) is/are entitled to renovate or rebuild a new apartment building as prescribed in Section 2 of Chapter VII of the Law on Housing 2014;

+ In case the piece of land on which the apartment building is located is no longer conformable with the planning for housing construction, the owner(s) must return this apartment building to the competent agency in order to demolish and rebuild another construction according to the approved planning;

+ In case the owner(s) of the apartment building fails to implement the decision on demolition or return the apartment building, the President of the People’s Committee of the province shall enforce the housing demolition or enforce the relocation;

+ The settlement of dwelling provided for the owners of the apartment building which is demolished shall comply with Article 116 of the Law on Housing 2014.

In case the apartment building is demolished to rebuild a new apartment building, the owners are entitled to keep using the piece of land on which that apartment building is located; in case the apartment building is demolished to build another construction, the settlements of the piece of land on which that apartment building is located shall comply with regulations of law on land.

2. Forms of apartment building renovation and reconstruction in Vietnam under the Law on Housing 2023

Forms of apartment building renovation and reconstruction in Vietnam according to Article 62 of the Law on Housing 2023 are as follows:

- Real estate trading enterprises shall invest or contribute capital together with owners of apartment buildings under Clause 2 Article 59 of the Law on Housing 2023 in order to demolish, reconstruct apartment buildings, except for cases under Clause 2 and Clause 3 of Article 62 of the Law on Housing 2023.

- Provincial People’s Councils shall decide on the use of funding from local government budget in accordance with public investment laws to execute apartment building renovation, reconstruction investment projects in their provinces and cities that do not fall under Clause 3 of Article 62 of the Law on Housing 2023 in the following circumstances:

+ The entirety of apartment buildings are under public ownership;

+ Apartment buildings are subject to mandatory demolition in accordance with Point b Clause 2 Article 59 of the Law on Housing 2023 unless the apartment buildings are under single owners and are not under public ownership.

-. In respect of public housing where central authorities act as ownership representatives, renovation and reconstruction of said apartment buildings shall conform to public investment laws.

More details can be found in the Law on Housing 2023, taking effect on January 1, 2025.

The Law on Housing 2014 expires as of January 1, 2025, except for the cases specified in Point b Clause 1, Points a, c, dd, e and g of Clause 2 of Clause 3 and Points a, b, c, d, dd and e of Clause 5 of Article 198 of the Law on Housing 2023.

State-owned housing is defined in legislative documents on housing issued before January 1, 2025 as public property.

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