Forms of renovation and reconstruction of apartment buildings in Vietnam from August 1, 2024

Forms of renovation and reconstruction of apartment buildings in Vietnam from August 1, 2024 (Image from the internet)

1. Forms of renovation and reconstruction of apartment buildings in Vietnam

Forms of renovation and reconstruction of apartment buildings are stipulated in Article 62 of the Housing Law 2023 as follows:

- Real estate businesses invest capital or contribute capital with apartment owners in cases stipulated in Clause 2, Article 59 of the Housing Law 2023 to carry out demolition and reconstruction of apartment buildings, except for the cases stipulated below.

- The provincial People’s Council decides to use funds from the local budget according to regulations of the law on public investment to implement investment projects for renovation and reconstruction of apartment buildings in the area not subject to Clause 3 of this Article in the following cases:

+ The entire apartment building is public property;

+ The apartment building is subject to demolition as stipulated in Point b, Clause 2, Article 59 of the Housing Law 2023, except where the entire apartment building is owned by a single owner and is not public property.

- For public housing under the management of a central agency representing the owner, the renovation and reconstruction of apartment buildings is carried out according to the regulations of the law on public investment.

2. Regulations on quality inspection and assessment of apartment buildings in Vietnam from August 1, 2024

According to Article 61 of the Housing Law 2023, regulations on Quality inspection and assessment of apartment buildings are as follows:

- The provincial People’s Committee directs the provincial housing management agency to take the lead, cooperate with local functional agencies and the district People’s Committee where the apartment building is located to conduct inspection and evaluation of the quality of apartment buildings constructed in their area. For apartment complexes, the entire complex must be inspected and evaluated before including it in the renovation and reconstruction plan.

Apartment owners are responsible for cooperating with the agencies stipulated in this clause and the inspection units in the process of inspecting and evaluating the quality of apartment buildings according to the Housing Law 2023 and construction law.

- The organization assigned to perform the Quality inspection and assessment of apartment buildings must clearly determine whether the apartment building falls under the cases requiring demolition according to Clause 2, Article 59 of the Housing Law 2023 or not in the inspection report sent to the provincial housing management agency. The Quality inspection and assessment of apartment buildings is carried out according to the construction law and regulations of the Housing Law 2023.

- After receiving the inspection report, the provincial housing management agency must review and issue an inspection conclusion on the quality of the apartment building. The inspection conclusion must clearly state the contents of the inspection according to construction law and must specify whether the inspected apartment building is not subject to demolition or falls under the cases requiring demolition according to Clause 2, Article 59 of the Housing Law 2023; if the apartment building is not subject to demolition, the inspection conclusion must clearly state the duration for which it can continue to be used until it falls into a case requiring demolition.

- The inspection conclusion must be publicly posted on the provincial housing management agency's portal.

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