Principles for handling administrative procedures related to projects of renovation and reconstruction of apartment buildings in Vietnam from August 1, 2024

Principles for handling administrative procedures related to projects of renovation and reconstruction of apartment buildings in Vietnam from August 1, 2024 (Image from Internet)

On July 25, 2024, the Government of Vietnam promulgated Decree 98/2024/ND-CP providing guidelines for the Housing Law on the renovation and reconstruction of apartment buildings.

Principles for handling administrative procedures related to projects of renovation and reconstruction of apartment buildings in Vietnam from August 1, 2024

Administrative procedures related to projects of renovation and reconstruction of apartment buildings in Vietnam from August 1, 2024, shall comply with the principles stipulated in Article 4 of Decree 98/2024/ND-CP. To be specific:

(1) Investors are responsible before the law for the legality, accuracy, and honesty of the content in the dossiers submitted to competent state agencies.

(2) The dossier-receiving agency is responsible for checking the validity of the dossiers and must not require the investor to submit additional documents other than those stipulated in the Housing Law 2023 and Decree 98/2024/ND-CP. Dossiers submitted by organizations or individuals for administrative procedures as stipulated in Decree 98/2024/ND-CP can be submitted directly, via postal service, or online.

(3) In case of request to modify or supplement the dossier when handling administrative procedures, the dossier-receiving agency shall notify once in writing to the investor about the content that needs to be modified, supplemented for each dossier and the time limit for doing so. If the deadline for modifying or supplementing the dossier is exceeded without changes, the dossier-receiving agency may consider ceasing to resolve the dossier and notify the investor in writing of the reasons.

If there is a need for explanation on the content in the dossier, the dossier-receiving agency shall notify the investor in writing and specify the deadline for explanation. If the deadline for explanation is exceeded without the required explanation, the dossier-receiving agency may consider ceasing to resolve the dossier and notify the investor in writing of the reasons.

(4) The time for modifying, supplementing, and explaining the dossier as stipulated in (2) and (3) is not included in the administrative procedure resolution time as stipulated in the Housing Law 2023 and Decree 98/2024/ND-CP.

(5) Soliciting opinions among state agencies during the process of resolving dossiers for administrative procedures is conducted as follows:

(i) The opinion-soliciting agency must define the content suitable to the function and duties of the consulted agency and the time limit for responses as stipulated in the Housing Law 2023 and Decree 98/2024/ND-CP;

(ii) Within the stipulated time frame in (i), the consulted agency is responsible for replying and taking responsibility for the content within its function and duties; if the stipulated time frame is exceeded without a response, it is deemed agreed upon within the scope of the consulted agency’s management.

(6) The agency receiving and handling administrative procedures for projects of renovation and reconstruction of apartment buildings in Vietnam is not responsible for the content of documents already approved, evaluated, or resolved by other competent agencies or individuals.

(7) Based on the conditions for resolving each administrative procedure, related organizations and individuals can either simultaneously carry out administrative procedures or sequentially implement them as stipulated.

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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