Answering questions about compensation for old apartments in Ho Chi Minh City

The Ministry of Construction issued Official Letter 596/BXD-QLN dated February 28, 2022 answering problems in the renovation and rebuilding of apartment buildings in Ho Chi Minh City.

Answering questions about compensation for old apartments in Ho Chi Minh City

Answering questions about compensation for old apartments in Ho Chi Minh City (Artwork)

Previously, in a document sent to the Ministry of Construction, the People's Committee of Ho Chi Minh City proposed the Ministry of Construction to agree to allow the application of the transitional provisions of Decree  69/2021/ND-CP to continue implementing the compensation plan. approved support, resettlement and temporary residence of the State-owned old apartment building renovation and reconstruction project that the City has implemented before, that is: 

Compensation for tenants of state-owned houses with new accommodation equal to 60% of the land value and 60% of the house value, the investor is responsible for continuing to pay the remaining 40% of the value of the house and land. for the State.

Regarding this content, the Ministry of Construction found that, at present, the renovation and reconstruction of apartment buildings is carried out in accordance with the provisions of Decree  69/2021/ND-CP . In this Decree, there is no regulation on the issue proposed by the City above, so there is no basis to follow this proposal.

The compensation, support and resettlement in the project to renovate the old apartment building before September 1, 2021 will be carried out in different stages:

- The implementation phase is in accordance with the Government's Resolution  34/2007/NQ-CP  dated July 3, 2007 on a number of solutions to renovate and rebuild old damaged apartments, degradation and land law;

- Implementation phase according to Decree 101/2015/ND-CP on renovation and reconstruction of apartment buildings.

Therefore, the Ministry of Construction proposed the City People's Committee to review and make statistics of cases in which compensation has been made when implementing an apartment building renovation and rebuilding project in the area and compares it with the provisions of the law. law at the above time to comply with regulations.

In addition , regarding the handling of projects that cannot rebuild apartment buildings to arrange resettlement (in the form of collection), the Ministry of Construction has the following comments:

In Clause 4, Article 13 of Decree  69/2021/ND-CP  , localities have been allowed to collect apartment buildings in the same area at commune or district level when implementing renovation projects, rebuild apartment buildings to ensure economic, social and environmental efficiency and associate with urban renovation and embellishment.

The consolidation of apartment buildings is applied in the case where the apartment buildings are located but are not rebuilt but commercial, service and public works are built.

On the other hand, Decree  69/2021/ND-CP  (in Articles 20, 21, 22 and 25) also has specific provisions on compensation, support and resettlement mechanisms for owners as well as land mechanism for project investors in the case of apartment building consolidation.

Therefore, it is proposed that the People's Committee of Ho Chi Minh City study the provisions of Decree 69/2021/ND-CP  for application.

See more at Official Letter 596/BXD-QLN dated February 28, 2022.



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