Vietnam: Plan for compensation, assistance for real estate enterprises that invest together with the occupiers

According to the Decree No. 101/2015/NĐ-CP of the Vietnam’s Government, a plan for compensation, assistance and relocation for real estate enterprises that invest in or contribute capital to the renovation/reconstruction project together with the occupiers is stipulated as follows:

- The plan for compensation, assistance and relocation shall specify information of the occupiers:

+ Full name and address of the occupier;

+ The area of the old apartment and others (if any), the location of the apartment of the owner of the apartment building; if the old apartment has patio ancillary works according to the initial design, the area of the ancillary works shall be aggregated with the area of the old apartment for arranging relocation;

+ The number of household registration books and residents in the demolished apartment building that need relocation;

+ Relocation accommodation: the area and location of the new apartment of the occupier (the occupier shall not pay for the new apartment); the area and location of the additional apartments that the occupier is allowed to buy (if any) if he/she has 2 registration books or more;

+ Arrangement for temporary relocation: competent authorities shall assist in forms of cash or accommodate temporary housing (specify the area and location of the temporary apartment of the occupier);

+ Other items related to relocation accommodation and temporary relocation mutually agreed by the real estate enterprise and the occupier (if any).

- The poll on the plan for compensation, assistance and relocation shall be conducted together with the selection of the investor at the apartment building meeting as regulated in clause 1, Article 9 of this Decree.

- Procedures for application for compensation, assistance and relocation shall be conducted together with the application for renovation/reconstruction project under regulations in clause 1, Article 9 of this Decree;

- According to the plan for compensation, assistance and relocation approved by the People’s Committee of the province, the real estate enterprise and the occupier shall sign an agreement on relocation and temporary relocation which is made using the form released by the Ministry of Construction with the occupier.

View more details at the Decree No. 101/2015/NĐ-CP of the Vietnam’s Government, effective from December 10, 2015.

Ty Na

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