Supplementing cases of demolition of construction works in Vietnam from January 01, 2021

Specifically, according to Clause 44 Article 1 of the Law on amendments to Construction Law 2020 of Vietnam, amending Article 118 of the Construction Law 2014, 06 cases of demolition of construction works include:

- 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;

- 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.

It can be seen that, in comparison with the Construction Law 2014, from January 01, 2021, the Law on amendments to Construction Law 2020 of Vietnam has supplemented cases of 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 to cases of demolition of construction works.

When carrying out demolition of the above-mentioned construction works, the following issues should be noted:

- The demolition of construction works must ensure safety and environmental protection.

- 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.

- Responsibilities of parties involved in the demolition of construction works:

+ Project owners, owners, manager or users of the works or persons that are assigned to take charge of the demolition:

• Organize the demolition according to the procedures mentioned above

• 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:

• 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: 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.

Thuy Tram

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