Demolition of apartment buildings for renovation or reconstruction in Vietnam
Vietnam Law has regulations on demolition of apartment buildings for renovation or reconstruction. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what are cases of demolition of apartment buildings for renovation or reconstruction in Vietnam? What are regulations on Plans for renovation and reconstruction of apartment buildings? Thanks for answering my questions!”
Legal grounds
2014 Vietnam Law on Housing
Cases of demolition of apartment buildings for renovation or reconstruction
– The apartment buildings subject to demolition for renovation or reconstruction which are determined as prescribed in Point b Clause 2 Article 99 of 2014 Vietnam Law on Housing.
– The damaged apartment buildings which are not subject to demolition but in the area subject to renovation or construction synchronized with the apartment building subject to demolition as prescribed in Clause 1 of this Article according to approved construction planning.
– The apartment buildings which are demolished according to agreement between all owners through the Apartment building meeting regardless of not subject to regulations in Clause 1 and Clause 2 of this Article.
Plans for renovation and reconstruction of apartment buildings
– The People’s Committee of the province where the apartment building is located shall check and release statistics on types of apartment building in the province; make and approve the plan for renovation and reconstruction of apartment buildings as prescribed in Clause 1 and Clause 2 Article 110 of 2014 Vietnam Law on Housing.
– The plan for renovation or reconstruction of apartment buildings may be separately made and approved or shall be formulated in the plans for local housing development and must be disclosed by means of local mass media, or on the website of the People’s Committee of the province, or housing authority of province and send notifications to residential areas and People’s Committees of communes where the apartment buildings are located.
Requirements for apartment building demolition for renovation or reconstruction
– Any apartment building which is demolished for renovation or reconstruction must satisfy requirements prescribed in Article 110 of 2014 Vietnam Law on Housing and conform to construction planning and approved programs for local housing development.
– Before demolishing the apartment building, the investor must make a plan for relocation, and then send a report to the People’s Committee of the province where the apartment building is located for approval. The plan for relocation must be informed to residential areas where the apartment building to be demolished is located, or announced by means of local mass media or on the website of the People’s Committee or the housing authority of province.
– The renovation and reconstruction must conform to the project and renovate the housing in the area of the project according to approved construction planning.
– The renovation and reconstruction of state-owned apartment buildings must be approved by the competent agency and in accordance with regulations on renovation and reconstruction of state-owned houses.
Forms of renovation and reconstruction of apartment buildings
– Any real estate enterprise invests or contributes capital together with owners having apartment buildings prescribed in Article 110 of 2014 Vietnam Law on Housing to renovate or rebuild apartment buildings, unless the owners prescribed in Clause 1 and Clause 2 Article 110 of 2014 Vietnam Law on Housing do not comply with decision on demolition.
– The State shall enforce the demolition and directly invest in renovation or reconstruction of apartment buildings using the capital prescribed in Clause 3 Article 36 of 2014 Vietnam Law on Housing regarding cases prescribed in Clause 1 and Clause 2 Article 110 of 2014 Vietnam Law on Housing but the owners of the apartment building do not comply with decision on demolition.
Investors in project on renovation and reconstruction of apartment buildings
– The investors in project on renovation and reconstruction of apartment buildings shall be selected as follows:
+ In case the State uses the capital prescribed in Clause 3 Article 36 of 2014 Vietnam Law on Housing to invest in renovation or reconstruction of the apartment building, the housing authority of province shall request the person in charge of investment approval to select the investor(s);
+ In case the State invests in renovation and reconstruction of apartment buildings under building – transfer contract prescribed in Clause 3 Article 36 of 2014 Vietnam Law on Housing, the housing authority of province shall request the People’s Committee of the province to select the investor(s) through inviting bids if there are two investors or more registering or no-bid contracts if there is only one investor registering;
+ In case the real estate enterprise invests capital in renovation and reconstruction of apartment buildings, the owner of the apartment building and the enterprise shall agree about the investor and request the housing authority of province to send a requirement to the People’s Committee of the province for approval.
– The investors in projects on renovation and reconstruction of apartment buildings may only be selected after its plan is approved by the People’s Committee of the province.
– In case renovating or rebuilding the apartment building prescribed in Point b and Point c Clause 1 of this Article, the investor must meet all requirements as prescribed in Article 21 of 2014 Vietnam Law on Housing.
Plans for relocation in case of demolition of apartment buildings
– In case the single-owner building is being used for lease, the accommodation for lessees shall be arranged according to agreement between the owner and the lessees.
– If the multi–owner building is invested by real estate enterprise, the owner of that building and the enterprise shall agree about the plan for relocation following rules prescribed in Article 116 of 2014 Vietnam Law on Housing to send a report to the People’s Committee of the province where the apartment building is located.
The owners of the apartment building must hold an Apartment building meeting makes a plan for relocation, and then send it to the People’s Committee of the province where the apartment building is located.
– In case the apartment building is subject to regulations prescribed in Clause 1 and Clause 2 Article 110 of 2014 Vietnam Law on Housing but the owner does not implement the decision on demolition, the People’s Committee of the province where the apartment building is located enforces the demolition and make and approve a plan for relocation as prescribed in Article 116 of 2014 Vietnam Law on Housing.
Regulations on Housing relocation
– The relocation for the owners having the apartment building subject to demolition shall be carried out as follows:
+ In case the owners do not wish to relocate in the same location, they shall be allocated housing or residential land for relocation according to conditions of the local governments as prescribed in Article 36 of 2014 Vietnam Law on Housing;
+ In case the owners wish to relocate in the same location, they shall be allocated new houses whose areas are the same or bigger than the areas of old houses.
In case the State invests in renovation and reconstruction of apartment buildings but there is difference in value between old houses and new houses, the payment for difference shall be carried out in conformity with the approved plan for relocation; if the real estate enterprise and the owner agree to invest in renovation and reconstruction of apartment buildings, the difference shall be paid according to agreement between contracting parties;
+ The housing relocation shall be carried out according to agreements on housing lease or lease purchase concluded between the people qualified for relocation and the agency in charge of relocation if the relocation is invested by the State; or concluded with the investor in the project if the relocation is invested the real estate enterprise;
+ Apart from the relocation prescribed in this Clause, the people qualified for relocation may be paid the compensation as prescribed in law on compensation, or relocation.
– The relocation applied to the owners whose apartment buildings subject to demolition to build another construction shall be carried out as prescribed in Article 36 of 2014 Vietnam Law on Housing.
– In case the State invests in renovation and reconstruction of apartment buildings, the investor must provide temporary accommodation or pay money for the people qualified for relocation to manage their accommodation during the renovation or reconstruction period; in case the real estate enterprise and the owner jointly invest in renovation and reconstruction of apartment buildings, contracting parties shall agree about the provision accommodation of the owners during the renovation or reconstruction period.
– The Government shall provide guidance on the apartment building demolition for renovation and reconstruction of apartment buildings and the relocation.
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Frequently asked questions
The People’s Committee of the province where the apartment building is located shall check and release statistics on types of apartment building in the province; make and approve the plan for renovation and reconstruction of apartment buildings as prescribed in Clause 1 and Clause 2 Article 110 of 2014 Vietnam Law on Housing.
The plan for renovation or reconstruction of apartment buildings may be separately made and approved or shall be formulated in the plans for local housing development and must be disclosed by means of local mass media, or on the website of the People’s Committee of the province, or housing authority of province and send notifications to residential areas and People’s Committees of communes where the apartment buildings are located.
Any apartment building which is demolished for renovation or reconstruction must satisfy requirements prescribed in Article 110 of 2014 Vietnam Law on Housing and conform to construction planning and approved programs for local housing development
Conclusion: So the above is Demolition of apartment buildings for renovation or reconstruction in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
