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

The procedure for Enforced relocation of owners and users of apartment buildings in Vietnam from August 1, 2024 (image from the 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

According to Article 23 Decree 98/2024/ND-CP, the cases of relocation of owners and users of apartment buildings in Vietnam are as follows:

(1) Emergency relocation cases for apartment buildings include:

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

(2) Relocation cases according to compensation and resettlement plans include:

- Apartment buildings where the primary structural elements are found to be generally hazardous, at risk of collapse, do not meet conditions for continued use, and require the emergency relocation of owners and users;

- Apartment buildings severely damaged, experiencing local hazards in primary structural elements, and one of the following factors: infrastructure systems for fire prevention and control; water supply, drainage, waste treatment; electrical supply, internal traffic do not meet the requirements of current technical standards or pose operational safety risks, and need to be demolished to ensure the safety of owners and users, and urban renovation and rejuvenation requirements;

- Apartment buildings damaged in one of the primary structural elements such as foundations, columns, walls, beams, or trusses that do not meet normal usage requirements but do not fall into the two cases for demolition under the aforementioned provisions, but are in areas requiring coordinated renovation and reconstruction with apartment buildings under demolition according to the approved construction plan.

Thus, from August 1, 2024, there are 5 cases requiring the relocation of owners and users of apartment buildings, including 2 emergency relocation cases and 3 cases for relocation following compensation and resettlement plans.

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

- The procedures for enforced relocation for the cases specified in item (1) above are carried out as follows:

+ Within a maximum of 3 working days from the expiry date of the emergency relocation decision, if the owners and users have not relocated, the provincial housing management authority reports to the provincial People's Committee to issue a forced relocation decision under the provisions of paragraph 2, Article 74 of the Housing Law 2023 for owners and users who do not comply with the relocation. This decision is concurrently sent to the district People's Committee, district police authority, and commune People's Committee where the apartment building is located for posting at the building's location and direct notification to owners and users required to relocate;

+ Within a maximum of 7 working days from the issuance of the forced relocation decision, the district People's Committee where the apartment building is located is responsible for presiding, cooperating with the commune People's Committee where the apartment building is located, the project investor, the district police authority, and related local agencies to organize the forced relocation as stated in the forced relocation decision.

- The procedures for enforced relocation for the cases specified in item (2) above are carried out as follows:

- Within a maximum of 15 days from the expiry date of the relocation decision, if the owners and users have not relocated, the project investor submits a written report to the provincial housing management authority to propose the provincial People's Committee issue a forced relocation decision under the provisions of paragraph 2, Article 74 of the Housing Law 2023 for owners and users who do not comply with the relocation. This decision is concurrently sent to the district People's Committee, district police authority, and commune People's Committee where the apartment building is located and posted at the building's location to notify the owners;

- Within a maximum of 15 days from the issuance of the forced relocation decision, the district People's Committee where the apartment building is located is responsible for presiding, cooperating with the commune People's Committee where the apartment building is located, the project investor, the district police authority, and related local agencies to organize the forced relocation as stated in the forced relocation decision.

(Article 25 Decree 98/2024/ND-CP)

Nguyen Ngoc Que Anh

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