Cases of housing to be demolished as required in Vietnam

Cases of housing to be demolished as required in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Cases of housing to be demolished as required in Vietnam

Specifically, Article 92 of the Law on Housing 2014 stipulates housing to be demolished as required as follows:

- Any house is seriously damaged, in danger of collapse, or unsafe for its occupiers which is declared in the Decision on quality assessment issued by housing authority of province where the house is located or in case of state of emergency or response to disasters.

- Any house in the cases prescribed in Clause 2 Article 110 of the Law on Housing 2014.

- Any house subject to land clearance for land withdrawal according to the decision of the competent agency.

- Any house built in the area banned from construction or on the piece of land other than residential land under the planning approved by the competent agency.

- Any house subject to demolition prescribed in law on construction.

2. Requirements for housing demolition in Vietnam

Pursuant to Article 94 of the Law on Housing 2014, the requirements for housing demolition include:

- People and assets must be moved outside the demolition area.

- There are warning signs and solutions to isolating from surrounding area.

- The requirements pertaining to the safety of people, assets, surrounding construction, technical infrastructural works not subject to demolition and hygiene and environment must be satisfied as prescribed.

- The demolition of the housing in the residential areas may not be conducted from 12 p.m. to 13 p.m. and from 22 p.m. to 5 a.m., except for state of emergency.

3. Enforcement of housing demolition

The enforcement of housing demolition is prescribed in Article 95 of the Law on Housing 2014 as follows:

-  In case the house subject to demolition prescribed in Article 92 of this Law but the homeowner, the investor in the construction or the occupier does not demolish voluntarily the house, the competent agency prescribed in Clause 2 of this Article shall issue the decision on enforcement of house demolition.

- Competence in issuance of decision on enforcement of house demolition shall be regulated as follows:

+ The President of the People’s Committee of district shall issue the decision on enforcement of house demolition for land withdrawal prescribed in Clause 3 Article 92 of the Law on Housing 2014, separate house demolition prescribed in Clause 1, 4 and 5 Article 92 of the Law on Housing 2014;

+ The President of the People’s Committee of province shall issue the decision on enforcement of apartment building demolition prescribed in Clause 1, 2, 4 and 5 Article 92 of the Law on Housing 2014.

-. The People’s Committee of district shall implement the enforcement of housing demolition pursuant to the decision on enforcement of housing demolition prescribed in Clause 2 of Article 95 of the Law on Housing 2014.

- Funding for enforcement of housing demolition:

+ The homeowner, or the occupier, or the investor shall pay expenditures on enforcement of demolition and related expenditures;

+ In case the homeowner, the occupier, or the investor fails to pay the expenditures, the competent agency issued the decision on enforcement shall carry the enforcement of assets to ensure the funding for demolition.

Ho Quoc Tuan

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