Procedures for collecting opinions and approving the plans for renovation and reconstruction of apartment buildings in Vietnam

Procedures for collecting opinions and approving the plans for renovation and reconstruction of apartment buildings (Image from Internet)

On July 25, 2024, the Government of Vietnam promulgated Decree 98/2024/ND-CP detailing the implementation of certain articles of the Housing Law 2023 concerning the renovation and reconstruction of apartment buildings in Vietnam.

Procedures for collecting opinions and approving the plans for renovation and reconstruction of apartment buildings in Vietnam

According to the provisions in Article 8 of Decree 98/2024/ND-CP, the procedure for collecting opinions and approving the plan for renovation and reconstruction of apartment buildings in Vietnam is as follows:

After completing the draft plan for renovation and reconstruction of apartment buildings with the content stipulated in Clause 2, Article 7 of Decree 98/2024/ND-CP, the provincial housing management agency reports to the Provincial People's Committee for consideration and opinion on the content of this plan before publicly posting it to solicit opinions as stipulated in Clause 3, Article 7 of Decree 98/2024/ND-CP.

The solicitation of opinions on the contents of the plan stipulated in Clause 2, Article 7 of Decree 98/2024/ND-CP serves as a basis for investors and apartment building owners to agree on specific compensation and resettlement solutions during the process of selecting project investors after the renovation and rebuilding plan is approved.

The time for collecting opinions as stipulated in Clause 1, Article 8 of Decree 98/2024/ND-CP is a maximum of 45 days from the date of publicly posting the draft plan for renovation and reconstruction of apartment buildings in accordance with Clause 3, Article 7 of Decree 98/2024/ND-CP.

- Within a maximum of 15 days from the end of the solicitation period as stipulated in Clause 1, Article 8 of Decree 98/2024/ND-CP, the provincial housing management agency is responsible for completing the contents of the plan and submitting it to the Provincial People's Committee.

Within a maximum of 15 days from the date of receipt of the apartment building renovation and rebuilding plan submitted by the provincial housing management agency, the Provincial People’s Committee is responsible for consideration and approval.

- Within a maximum of 3 days from the date of approval of the renovation and rebuilding plan, the Provincial People’s Committee must publicly post the content of the plan as stipulated in Clause 5, Article 65 of the Housing Law 2023.

- In cases where apartment buildings are subject to demolition using local budget funds for demolition and reconstruction according to Clause 2, Article 62 of the Housing Law 2023, before approving the plan, the Provincial People’s Committee must report and seek opinions from the People’s Council at the same level regarding the allocation of funds for demolition and reconstruction of these apartment buildings.

In cases where the demolition of apartment buildings falls under the purview of a central authority's management according to Clause 3, Article 62 of the Housing Law 2023, before approving the plan, the Provincial People’s Committee must preside and cooperate with the representative agency of the apartment building owners to report to the competent authority to decide on the allocation of funds for demolition and reconstruction of the apartment buildings according to public investment law provisions.

The investigation, survey, planning, approval, and announcement costs for the renovation and rebuilding plan for apartment buildings stipulated in Article 7 of Decree 98/2024/ND-CP are taken from the local recurrent expenditure budget and are determined according to the cost levels for preparing, approving, and announcing the local housing development plan under the housing law provisions.

The provincial housing management agency is authorized to report to the Provincial People’s Committee for decision on selecting experienced consultancy units in accordance with bidding laws to prepare the renovation and rebuilding plan for apartment buildings stipulated in Article 7 of Decree 98/2024/ND-CP.

Refer to Decree 98/2024/ND-CP which takes effect in Vietnam from August 1, 2024.

Decree 69/2021/ND-CP concerning the renovation and reconstruction of apartment buildings will cease to be effective from the date Decree 98/2024/ND-CP comes into force.

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