Cases of demolition of construction works in Vietnam

Cases of demolition of construction works in Vietnam (Internet image)

1. Cases of demolition of construction works in Vietnam

According to Clause 1, Article 118 of the Law on Construction 2014 (amended 2020), the construction works shall be demolished in the following cases:

- The demolition is carried out for clearance of sites for construction of new or makeshift works;

- Works are in danger of imminent collapse, thus affecting the community and adjacent works;

Works are subject to emergency demolition to promptly meet requirements of prevention, control and recovery from disaster, enemy sabotage, epidemic or other urgent duties to ensure national defense and security, and external affairs according to decisions issued by competent state agencies;

- Works are constructed in no-construction zones prescribed in Clause 3 Article 12 of the Law on Construction 2014 (amended 2020);

- Works are constructed against construction planning or without construction permits as required, or works are constructed against the issued construction permits;

- Works are constructed on public land, or land under lawful use rights of other organizations or individuals; or works are exempted from construction permits but constructed against the approved construction designs;

- Detached houses are demolished for building new ones.

2. Procedures for the demolition of construction works in Vietnam

Pursuant to Clause 2, Article 118 of the Law on Construction 2014 (amended 2020), the demolition of construction works must ensure safety and environmental protection and be carried out according to the following procedures:

- Develop a demolition plan or solutions. If the work is subject to a demolition decision or coerced demolition, such demolition decision or coerced demolition decision is required when carrying out the demolition;

- Verify and approve the demolition plan or solutions in case of demolition of the construction work significantly affecting the community safety and interests;

- Organize the demolition of the construction work;

- Organize supervision and acceptance test of the demolition results.

3. Responsibilities of parties involved in the demolition of construction works in Vietnam

According to Clause 3, Article 118 of the Law on Construction 2014 (amended 2020), the responsibilities of parties involved in the demolition of construction works are prescribed as follows:

- Project owners, owners, manager or users of the works or persons that are assigned to take charge of the demolition shall organize the demolition according to the procedures set out in Section 2;

Themselves carry out the demolition if fully meeting capacity requirements, or hire experienced and qualified consultancy organizations to develop and verify demolition plan or solutions, and carry out the demolition;

Take responsibility before law and pay compensation for damage caused due to their faults;

- Contractors assigned to carry out the demolition shall work out demolition measures in conformity with the approved demolition plan or solutions; carry out the demolition according to the demolition measures and demolition decision or coerced demolition decision (if any);

Carry out control and monitoring of works; ensure safety for people, assets, demolished works and adjacent works; take responsibility before law and pay compensation for damage caused due to their faults;

- Persons competent to decide the demolition of construction works shall take responsibility before law for consequences of their failure to issue decisions, or issuance of untimely decisions or illegal decisions;

- Owners or users of works subject to the demolition shall be required to comply with demolition decisions issued by competent state agencies; those failing to comply with such decisions shall be subject to coerced demolition of their works and incur all demolition costs.

Van Trong

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