Decree 69/2021/ND-CP on renovation and reconstruction of condominiums
3 cases in which the condominiums shall be demolished to construct new ones
On July 15, 2021, the Government issues the Decree No. 69/2021/ND-CP on renovation and reconstruction of condominiums.
Accordingly, the Government specifies 03 cases in which the condominiums shall be demolished to construct new condominiums or other works under planning, including: Condominiums that shall be urgently demolished due to incidents, natural disasters, fire and explosion in accordance with the law provisions; Condominiums which have expired, or those that have not expired but inspected and concluded by a provincial-level competent agency as prescribed; Condominiums whose one of the main structural components, including foundations, columns, walls, ceilings, and beams, is damaged and does not meet the requirements for normal use, which are not yet subject to demolition as prescribed in Clause 2 of this Article but located in the same areas with those subject to demolition as prescribed in Clause 2, Article 110 of the Law on Housing.
In addition, if, in the old locations of condominiums which are subject to demolition, construction works other than condominiums are planned to be built, the condominium owners may choose between monetary compensation or resettlement at other locations. If the owners choose resettlement in other locations, they may be arranged in resettlement housing projects or commercial housing projects in the same commune-level areas; if there is no such housing project in the commune-level area, they shall be resettled in the same district-level area; if there is no such housing project in the district, they may be resettled in the neighboring district or, upon the wish of the condominium owners, they may be entitled to buy, rent, or rent-purchase social houses in the locality in accordance with the law provisions on housing.
This Decree takes effect from September 01, 2021.
For further details of the Decree 69/2021/ND-CP, Click here
translation of the Official Gazette of the Vietnam News Agency
THE SOCIALIST REPUBLIC OF VIETNAM
Hanoi, July 15, 2021
On renovation or reconstruction of condominiums
Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;
Pursuant to the June 17, 2009 Law on Urban Planning;
Pursuant to the November 29, 2013 Land Law;
Pursuant to the November 26, 2013 Bidding Law;
Pursuant to the June 18, 2014 Law on Construction; and the June 17, 2020 Law Amending and Supplementing a Number of Articles of the Law on Construction;
Pursuant to the November 25, 2014 Housing Law;
Pursuant to the June 17, 2020 Law on Investment;
At the proposal of the Minister of Construction;
The Government promulgates the Decree on renovation or reconstruction of condominiums.
Article 1. Scope of regulation
1. This Decree provides in detail the renovation or reconstruction of condominiums specified in Article 110 of the Housing Law, covering quality inspection and evaluation of condominiums, formulation and approval of condominium renovation or reconstruction plans; planning-related requirements for condominium renovation or reconstruction areas; selection of project owners; compensation, support, resettlement, and arrangement of temporary residences for resettled persons; rights and responsibilities of project owners and condominium owners and users in the relocation, demolition, renovation or reconstruction of condominiums, and a number of mechanisms in implementation of condominium renovation or reconstruction projects.
2. The coerced demolition of and ground clearance for condominiums when the State recovers land for use for national defense or security purpose are not regulated by this Decree.
Article 2. Subjects of application
1. Domestic organizations, households and individuals, overseas Vietnamese, and foreign organizations and individuals involved in condominium renovation or reconstruction.
2. State management agencies and other organizations and individuals involved in condominium renovation or reconstruction.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Condominium means an independent block consisting of 1 or more unit(s) that is identified under Clause 3, Article 3 of the Housing Law and built on a land parcel as planned.
2. Condominium complex means a complex consisting of 2 or more condominiums specified in Clause 1 of this Article and other works, including individual houses (if any), that are built on a land parcel as planned.