Requirements for apartment renovation and reconstruction plans in Vietnam

Requirements for apartment renovation and reconstruction plans in Vietnam (Internet image)

In this regard, Lawnet would like to answer as follows:

1. What is apartment building?

According to Clause 1, Article 3 of Decree 69/2021/ND-CP, an apartment building refers to an independent building with one or multiple blocks defined according to Clause 3 Article 3 of Law on Housing 2014 and built on a land plot as per planning.

Specifically, the apartment building means any multi-storey building which has multiple apartments, public stairs, hall ways, private areas, common areas and common infrastructural works for organizations, households or individuals, including apartment buildings for residential use and mixed-use buildings for both business and residential purposes.

2. Requirements for apartment renovation and reconstruction plans in Vietnam

Requirements for apartment renovation and reconstruction plans specified in Article 9 of Decree 69/2021/ND-CP include:

(1) For local administrative divisions that have finished overall quality inspection and quality assessment of apartments according to Article 7 and Article 8 of Decree 69/2021/ND-CP, within 3 months from the effective date hereof, housing authority of provinces must produce apartment renovation and reconstruction plans for apartments specified under Article 5 of Decree 69/2021/ND-CP and request People’s Committees of provinces to approve.

In case apartments specified under Article 5 of Decree 69/2021/ND-CP are built after apartment renovation and reconstruction plans have been issued, People’s Committees of provinces are responsible for revising and adding these apartment buildings to the apartment renovation and reconstruction plans according to Clause 3 of Decree 69/2021/ND-CP to serve as the basis for project implementation.

(2) For local administrative divisions that have not finished overall quality inspection and quality assessment of apartments according to Article 7 and Article 8 of Decree 69/2021/ND-CP, within 3 months from the effective date hereof, housing authority of provinces must produce apartment renovation and reconstruction plans for apartments that have been subject to quality inspection and quality assessment and specified under Clause 2, Clause 3 Article 5 of Decree 69/2021/ND-CP and request People’s Committees of provinces to approve.

(3) For apartment buildings with unfinished quality inspection according to Clause 2 of Article 9 of Decree 69/2021/ND-CP, on a 6-monthly basis, housing authority of provinces are responsible for reviewing, organizing quality inspection and quality assessment of apartment buildings and producing lists of apartment buildings that must be renovated and reconstructed under Clause 2, Clause 3 Article 5 of Decree 69/2021/ND-CP;

In case of apartment buildings under Clause 3 Article 110 of Law on Housing 2014, reporting to People’s Committees of provinces to approve and add to apartment renovation and reconstruction plans to serve as the basis for implementation. 

3. Contents of apartment renovation and reconstruction plan in Vietnam

Specifically in Clause 1, Article 11 of Decree 69/2021/ND-CP, the apartment renovation and reconstruction plans consist of:

- List and location of apartment buildings and apartment complexes that need to be renovated and reconstructed, which identify time of deconstruction of apartment buildings specified under Clause 1, Point a Clause 2 Article 5 of Decree 69/2021/ND-CP first and time of deconstruction of apartment buildings under Point b Clause 2, Clause 3 Article 5 of Decree 69/2021/ND-CP and other constructions (if any) later;

In case of renovating and reconstructing an apartment complex, estimate time of deconstruction and reconstruction of the first apartment building of the complex and estimate time of deconstruction and reconstruction of remaining apartment buildings of the complex;

- Estimates of funding sources mobilized for renovation and reconstruction of local apartment buildings and apartment complexes; for apartment buildings specified under Clause 1 Article 6 of Decree 69/2021/ND-CP, estimates of funding sources for project implementation and report to People's Councils of the same levels for consideration;

- Responsibilities of People’s Committees of all levels, Departments of Construction, and agencies related to implementation of apartment renovation and reconstruction plans;

- Other relevant details (if any).

Tran Thanh Rin

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