Procedures for enforced repossession of social housing in Vietnam

Procedures for enforced repossession of social housing in Vietnam (Image from the internet)

On July 26, 2024, the Government of Vietnam issued Decree 100/2024/ND-CP detailing certain articles of the Housing Law 2023 on the development and management of social housing.

Procedures for enforced repossession of social housing in Vietnam

According to Article 55 of Decree 100/2024/ND-CP, the procedures for enforced repossession of social housing in Vietnam are as follows:

- The enforced repossession of social housing is carried out after the Decision on recovery of social housing by the provincial People's Committee takes effect 30 days and has been previously motivated and persuaded by competent state authorities, but the person whose house is being recovered does not comply.

The Decision on enforced repossession of social housing is issued by the provincial People's Committee and sent to the person being coerced to recover the house, and publicly posted at the Department of Construction, the headquarters of the commune People's Committee, and the communal living place of the residential area where the house is being recovered.

- Within 10 days after issuing the Decision on enforced repossession of social housing, the Chairman of the provincial People's Committee or authorized by the provincial People's Committee to the district People's Committee decides to establish a Social Housing Recovery Enforcement Committee, including: Chairman or Vice Chairman of the provincial or district People's Committee as the leader; representatives of the inspection, construction, justice, natural resources, and environment agencies; the project investor; representatives of the Management Board and other members as decided by the Chairman of the provincial or district People's Committee.

- The Social Housing Recovery Enforcement Committee persuades, motivates, and dialogues with the person being coerced within 10 days; if the coerced person complies with the coercive decision, the Enforcement Committee records a minutes of compliance. The handover of social housing is carried out no later than 30 days from the date of the record.

In case the coerced person does not comply with the coercive decision, the Enforcement Committee organizes the implementation of coercion.

- The Social Housing Recovery Enforcement Committee has the right to compel the coerced person and related persons to leave the coerced house, move assets out of the coerced house; if not complied, the Enforcement Committee is responsible for moving the coerced persons and related persons along with their assets out of the coerced house.

- The Social Housing Recovery Enforcement Committee invites representatives of the Vietnam Fatherland Front Committee at the district level to participate in supervising the enforced repossession of social housing.

Responsibilities of organizations and individuals in the implementation of the decision on enforced repossession of social housing in Vietnam

- The provincial or district People's Committee is responsible for organizing the enforcement, resolving complaints related to the enforcement according to the laws on complaints; ensuring necessary conditions and means for the enforcement; allocating funding for the enforced repossession of social housing.

- The Social Housing Recovery Enforcement Committee is responsible for formulating the coercive plan and estimating the cost for enforcement activities, submitting it to the provincial or district People's Committee for approval; handing over social housing to the social housing project investor or competent agencies for allocation to other individuals who meet the stipulated conditions.

- The police force is responsible for maintaining order and security during the enforcement process.

- The commune People's Committee where the social housing is being recovered is responsible for cooperating with relevant agencies and units to organize the delivery of the Decision on coercive recovery to the coerced person, publicly posting the coercive decision; participating in the enforcement; cooperating with the Social Housing Recovery Enforcement Committee in sealing and moving the coerced person's assets.

- Other relevant agencies, organizations, and individuals are responsible for cooperating with the Social Housing Recovery Enforcement Committee in enforcing the recovery when requested by the Social Housing Recovery Enforcement Committee.

(Article 56 Decree 100/2024/ND-CP)

More details can be found in Decree 100/2024/ND-CP, which comes into force in Vietnam from August 1, 2024.

Le Nguyen Anh Hao

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