Decree No. 101/2015/ND-CP dated October 20, 2015 of the Government on renovation and reconstruction of condominiums

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Decree No. 101/2015/ND-CP dated October 20, 2015 of the Government on renovation and reconstruction of condominiums
Issuing body: GovernmentEffective date:
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Official number:101/2015/ND-CPSigner:Nguyen Tan Dung
Type:DecreeExpiry date:
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Issuing date:20/10/2015Effect status:
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Fields:Construction , Land - Housing

SUMMARY

Renovation or reconstruction of condominiums shall be conducted under projects

 

The renovation or reconstruction of condominiums shall be conducted under projects; reconstruction of individual condominiums (except independent ones) is prohibited to meet the requirements is the important contents prescribed at the Decree No. 101/2015/ND-CP dated October 20, 2015 of the Government on renovation and reconstruction of condominiums.

Accordingly, for each area with condominiums in need of renovation or reconstruction, one or more than one project may be carried out under the urban planning approved by competent agencies and in accordance with promulgated construction standards and regulations. In case projects have been approved but project owners fail to implement the projects after 12 months from the date of approval or implement the projects more than 24 months behind the approved schedule due to the project owners’ fault, provincial-level People’s Committees shall issue decisions to withdraw the projects for transfer to other project owners for implementation in accordance with the law.

Also in accordance with this Circular If the owner of an old condominium wishes to be resettled on the spot and his/her current apartment has two or more household registration books, he/she will have the preemptive right to buy additional apartments in the same location at the price agreed between him/her and the project owner. Real estate businesses acting as owners of projects on condominium renovation and reconstruction are exempted from land use levy, land rental and charge (if any) for change of use purposes for the entire land areas in the premises of the projects (including land areas permitted for use purpose change). Project owners may provide with free model designs and typical designs of houses as well as scientific and technical advances in construction and installation to reduce construction costs; to apply the self-execution form if qualified as prescribed by law.

This Decree takes effect on December 10, 2015.
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Effect status: Known

 

THE GOVERNMENT

 
No. 101/2015/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
 
Hanoi, October 20, 2015
 
DECREE
On renovation and reconstruction of condominiums[1]
 
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 25, 2014 Housing Law;
Pursuant to the June 18, 2014 Construction Law;
Pursuant to the June 17, 2009 Law on Urban Planning;
Pursuant to the November 29, 2013 Land Law;
At the proposal of the Minister of Construction,
The Government promulgates the Decree on renovation and reconstruction of condominiums.
Chapter I
GENERAL PROVISIONS
Article1. Scope of regulation
1. This Decree prescribes in detail the renovation or reconstruction of severely damaged condominiums which are at risk of collapse and unsafe to users as prescribed in Article 110 of the Housing Law, and the arrangement of residences for resettled people; and prescribes a number of mechanisms and policies on planning, land, finance, credit and construction technology to renovate or reconstruct condominiums.
2. The demolition of condominiums and ground clearance when the State recovers land for the purpose of national defense or security or in the national or public interest are not regulated by this Decree.
Article2. Subjects of application
1. Domestic organizations, households and individuals, overseas Vietnamese, and foreign organizations and individuals involved in the renovation and reconstruction of condominiums.
2. State management agencies involved in the renovation and reconstruction of condominiums.
3. Other organizations and individuals involved in the renovation and reconstruction of condominiums.
Article3. Interpretation of terms
In this Decree, the terms below shall be construed as follows:
1. Independent condominium means a condominium block (consisting of one or several units) constructed on a land parcel under planning.
2. Condominium quarter means a quarter consisting of two or more condominium blocks constructed on a land parcel under planning.
3. Severely damaged condominium which is at risk of collapse and unsafe to users (below referred to as severely damaged condominium) means a condominium which has expired, is subsiding, cracked or tilted and shows other abnormal problems according to the standards for assessment of the danger of condominium structure and the quality inspection conclusion made by a competent agency, and therefore its users need to be relocated for safety and for its demolition within a given period of time.
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