Procedures for enforced repossession of public housing in Vietnam from August 1, 2024

Procedures for enforced repossession of public housing in Vietnam from August 1, 2024 (Image from the Internet)

Procedures for enforced repossession of public housing in Vietnam from August 1, 2024

The enforced repossession of public housing is carried out when the person directly using the house does not hand over the house according to the recovery decision stipulated in Article 78 of Decree 95/2024/ND-CP, except in cases specified in Clause 2, Article 78 of Decree 95/2024/ND-CP.

The procedures for enforced repossession of public housing in Vietnam under the provisions of Clause 1, Article 78 Decree 95/2024/ND-CP are stipulated as follows:

(1) Within a maximum of 05 working days, from the expiration date of the housing handover deadline according to the housing recovery decision, if the user does not hand over the house, the housing operation management unit must report in writing to the housing management authority requesting enforced repossession of the house;

(2) Within a maximum of 05 working days, from the date of receiving the report from the housing operation management unit, the housing management authority must inspect and submit a report along with a draft enforced repossession decision to the representative agency of the house owner for consideration and issuance of the enforced repossession decision;

(3) Within a maximum of 10 days, from the date of receipt of the report from the housing management authority, the agency representing the house owner is responsible for considering, issuing the enforced repossession decision, and sending this decision to the housing management authority, housing operation management unit, and the current house user for implementation.

In case the central agency issues a enforced repossession decision for housing, this agency must have a written request along with the enforced repossession decision requesting the Provincial People's Committee where the house is located to coordinate the organization of the enforced repossession;

(4) In case the house is not subject to enforced repossession, the agency representing the house owner must notify the housing management authority and housing operation management unit to continue management according to the regulations.

For houses managed by the Ministry of Defense or the Ministry of Public Security, the housing management authority of the Ministry of Defense or the Ministry of Public Security has the right to issue a enforced repossession decision if assigned;

(5) Based on the enforced repossession decision, the Provincial People's Committee where the house is located directly or assigns the District People's Committee where the house is located to preside and cooperate with the provincial housing management authority, district police authorities, and Commune People's Committee where the house is located to organize the enforced repossession and handover of the house to the housing operation management unit for management. The handover must be documented with confirmation from all participating enforcement agencies.

The expenses for organizing the enforced repossession of housing are covered by the local budget from the local regular expenditure fund according to the provisions of the Law on State Budget;

(6) The maximum period for implementing the enforced repossession of housing is 30 days from the date the representing agency of the house owner issues the enforced repossession decision.

The enforced repossession of housing is carried out during working hours; the agency presiding over the enforced repossession must inventory and move the possessions of the house user to another location in case the user does not voluntarily move their possessions from the recovered house;

(7) After recovering the house, the housing operation management unit must report in writing about the completion of the recovery and the plan for managing, using, or demolishing for reconstruction to the housing management authority to report to the representing agency of the house owner for consideration and decision according to the provisions of the Law on Housing, the Law on Construction, and other related laws.

The enforced repossession of the apartment buildings stipulated in Clause 3, Article 78 Decree 95/2024/ND-CP applies in cases where the actual user of the house does not hand over the house according to the recovery decision, and it is conducted concurrently with the enforcement of relocation according to the regulations on renovation and reconstruction of apartment buildings.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE