Instructions on actions against construction projects whose design life is expired in Vietnam

Instructions on actions against construction projects whose design life is expired in Vietnam (Internet image) 

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

1. Instructions on actions against construction projects whose design life is expired in Vietnam

Instructions on actions against construction projects whose design life is expired in Vietnam according to Article 41 of Decree 06/2021/ND-CP are as follows:

- Owners or managers or users of construction works shall determine the useful life of each construction work according to the construction design documentation and technical regulations and standards applicable to construction works.

- For construction works that have great impacts on the safety and benefits of the community in accordance with the law on construction project management, for a period of at least 12 months before each construction work expires, the owner or the manager or the user of the construction work must report to the competent state authority specified in Clause 4, Article 39 of Decree 06/2021/ND-CP on the expiry date of the construction work and the action plan for the expired construction work.

- After receiving the report specified in Clause 2 of Article 41 of Decree 06/2021/ND-CP, the competent state authority specified in Clause 4, Article 39 of this Decree shall add the expired construction work to the list posted on its website.

- For construction works that expire but continue being used to meet the demand, except for detached houses of families or individuals, owners or managers and users of these works shall assume the following responsibilities:

+ Conducting the inspection and examination of the present quality of the construction work and putting forward a plan to reinforce, renovate the work, or repair it if it is damaged, determining the extended useful life after it is repaired or reinforced;

+ Conducting the reinforcement, renovation and repair of construction works (if any) to ensure their proper functions and safety;

+ Sending reports on the results of the works specified at Points a and b of Clause 4 of Article 41 of Decree 06/2021/ND-CP to the competent state authorities specified in Clause 4, Article 39 of Decree 06/2021/ND-CP and other ones according to the relevant regulations of law to seek their opinions on the extension of the useful life of these works, except for detached houses.

The time limit for processing application for and giving opinions on the extension of the construction work’s useful life by competent state authorities shall be 14 days of receipt of each report;

+ Based on the results of the performance of the works specified at Points a and b of this Clause and opinions of competent state authorities specified at Point c of Clause 4 of Article 41 of Decree 06/2021/ND-CP, owners or managers and users of construction works decide and take responsibility for the continued use of these construction works.

- Cases of discontinuation in using expired construction projects:

+ Owners or managers or users have no longer demands to use these construction works;

+ The results of inspection and examination of the present quality of each construction work show that the work is unsafe, cannot be reinforced, renovated or repaired;

+ These construction works are not allowed by competent state authorities to continue being exploited and used.

- Competent state authorities prescribed in clause 4 of Article 39 of Decree 06/2021/ND-CP shall assume the following responsibilities:

+ Reviewing these construction works where there are insufficient grounds to determine their useful life as prescribed in Clause 1 of Article 41 of Decree 06/2021/ND-CP and requesting the owners, the managers or the users to organize the implementation of the regulations laid down in Clause 4 of Article 41 of Decree 06/2021/ND-CP;

+ Taking charge of determining the useful life, announcing construction works whose useful life is expired and performing the following tasks specified in Article 41 of Decree 06/2021/ND-CP for construction works of which owners or managers or users have not yet been identified;

+ Notifying the owner or the manager or the user of the construction work of the termination and requesting the owner or the manager or the user of the construction work to be responsible for the demolition of the construction work and the time of demolition for those construction works that are no longer in use as prescribed in Clause 5 of Article 41 of Decree 06/2021/ND-CP.

- Actions against expired apartment buildings shall be subject to regulations of the law on housing.

- For detached houses of families or individuals that have expired but continue being used to meet demands, the owners or the managers or the users of the works shall perform the activities specified at Point a and b, Clause 4 of Article 41 of Decree 06/2021/ND-CP and, based on the results of implementation of these activities, decide and take responsibility for the continued use of these houses, except for the cases specified in Clause 5 of Article 41 of Decree 06/2021/ND-CP.

2. Responsibility for demolition of construction works in Vietnam

Responsibility for demolition of construction works in Vietnam according to Clause 2, Article 42 of Decree 06/2021/ND-CP is as follows:

- Owners or managers or users of construction works shall undertake the demolition of construction works in accordance with the law on construction and regulations of other relevant laws;

- Presidents of provincial-level People's Committees, Presidents of district-level People's Committees or competent state authorities decide the demolition of construction works in accordance with the construction law and other relevant laws; decide to enforce the demolition and conduct the demolition of construction works in case investors, owners or managers or users of the construction works fail to fulfill their responsibilities for the demolition of construction works;

- Agencies competent to sanction administrative violations shall decide to apply mitigative measures in the form of the forced demolition of violating works or constituents in accordance with the law on handling of administrative violations;

- Competent authorities decide the demolition and enforcement of the demolition of residential houses as per laws on housing;

- The Minister of National Defense and the Minister of Public Security shall regulate the authority to demolish national defense and security construction works.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE