What are requirements on planning for renovating and reconstructing apartment buildings according to current regulations in Vietnam?

What are requirements on planning for renovating and reconstructing apartment buildings according to current regulations in Vietnam?

According to Article 64 of the Housing Law 2023, the requirements for planning the renovation and reconstruction of apartments are specified as follows:

(1) Competent state authorities are responsible for formulating, appraising, approving, adjusting, and openly publishing detailed planning for renovation and reconstruction of apartment projects according to the law on urban planning and construction.

(2) The detailed planning for renovation and reconstruction projects must include criteria for land use planning, population scale, or determine areas of land that can be repurposed for constructing service, commercial, office buildings, or other social infrastructure to ensure economic, social, and environmental effectiveness, encouraging investors to participate in the project.

(3) Based on the list and location of apartment buildings that have to be demolished for reconstruction as stipulated by the Housing Law 2023, the provincial People's Committee decides on planning solutions for reconstructing entire apartment complexes or consolidating solutions to reconstruct several apartment buildings within the same commune, district, or neighboring district to ensure economic, social, and environmental effectiveness in conjunction with urban renovation and rejuvenation.

In cases where there are apartment buildings that need to be demolished but the approved planning does not include reconstruction or consolidation solutions, the provincial People's Committee arranges the local budget following state budget regulations to relocate, compensate, assist, and resettle the owners, users of these apartments and organize the auction of the land where the apartments must be demolished for construction per the approved planning, except where the Land Law states otherwise.

(4) The formulation, appraisal, and approval of detailed planning for renovation and reconstruction projects of apartments can be conducted simultaneously with the inspection and quality assessment of the apartments.

What are requirements for plans to renovate and rebuild apartments in Vietnam?

- The provincial People's Committee can develop and approve plans for renovation and reconstruction of apartments in conjunction with the provincial housing development plan or separately to serve as a basis for implementing renovation and reconstruction projects.

- The provincial housing management authority either directly develops or hires consulting units according to bidding laws to construct renovation and reconstruction plans for apartments and reports to the provincial People's Committee for approval.

- The approval of renovation and reconstruction plans for apartments is only carried out after the provincial housing management authority has issued a quality inspection and assessment conclusion of the apartments according to Housing Law 2023.

- If after a renovation and reconstruction plan for apartments has been approved, apartments that need to be demolished appear, or if adjustments are made to the provincial housing development program concerning the renovation and reconstruction plan, the provincial People's Committee adjusts the plan.

- The approved renovation and reconstruction plan, including any adjustments, must be publicly posted on the electronic portals of the provincial People's Committee and the district People's Committee where apartments are subject to renovation and reconstruction. It must also be sent to the commune People's Committee where the renovation and reconstruction of apartments applies to inform the owners and users of these apartments and submitted to the Ministry of Construction.

(Article 65 Housing Law 2023)

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