Vietnam: Plans for compensation, assistance and relocation for renovation/reconstruction projects invested by the State

According to the Decree No. 101/2015/NĐ-CP of the Vietnam’s Government, the investor, selected by People’s Committee of the province, shall prepare a plan for compensation, assistant and relocation for the occupier and send it to the Department of Construction. The Department of Construction shall appraise this plan prior to submission to the People’s Committee of the province. The plan for compensation, assistance and relocation contains the following main contents:

- The full name and address of the occupier;

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

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

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

- Basis of assessment on relocation accommodation: the price of the old apartment, the difference between the price of the old apartment and the price of the new one;

- Provision of temporary relocation: competent authorities shall provide assistance assist in forms of cash or arrange temporary housing (specify the area and location of the temporary apartment of the occupiers);

- Other relevant items (is any).

Concurrently, the Department of Construction shall appraise the plan for compensation, assistance and relocation and request the People’s Committee of the province to approve for this plan within 10 working days from the day of receipt of the plan for compensation, assistance and relocation; The People’s Committee of the province shall consider approving the plan for compensation, assistance and relocation within 07 working days from the day of receipt of the plan appraisal document of the Department of Construction;

Note: In case of dangerous apartment buildings which need immediate demolition, the People’s Committee of the province shall direct the enforcement of demolition of such apartment buildings under regulations in clause 3, Article 11 of this Decree. After the demolition, the investor selected by the People’s Committee of the province shall make a plan for compensation, assistance and relocation and submit it to the People’s Committee of the province.

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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