Requirements for housing demolition under the latest regulations in Vietnam

Requirements for housing demolition under the latest regulations 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

Cases of housing to be demolished as required in Vietnam according to Article 92 of the Law on Housing 2014 include:

- 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. Responsibility for housing demolition in Vietnam

Responsibility for housing demolition according to Article 93 of the Law on Housing 2014 is as follows:

- The homeowners or the occupiers are responsible for housing demolition; in case it required to carry out the land clearance to rebuild the housing or other construction, the investor shall be responsible for the housing demolition.

- The homeowner may demolish the house themselves as prescribed in law on construction or hire an organization or individual in charge of housing demolition.

- In case an apartment building is demolished to renovate or rebuild a new apartment building, it must comply with Section 2 Chapter VII of the Law on Housing 2014.

- The People’s Committee of the commune shall observe and expedite the housing demolition in the commune.

3. Requirements for housing demolition under the latest regulations in Vietnam

Requirements for housing demolition according to Article 94 of the Law on Housing 2014 are as follows:

- 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.

4. Regulations on enforcement of housing demolition

Regulations on enforcement of housing demolition according to Article 95 of the Law on Housing 2014 are as follows:

- In case the house subject to demolition prescribed in Article 92 of the Law on Housing 2014 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 Article 95 of the Law on Housing 2014 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.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE