Chương V Luật Nhà ở 2023: Cải tạo, xây dựng lại nhà chung cư

Chapter V

RENOVATION AND RECONSTRUCTION OF APARTMENT BUILDINGS

Section 1. GENERAL PROVISIONS

Article 58. Lifespan of apartment buildings

1. Lifespan of apartment buildings shall be determined by design dossiers and actual useful life of apartment buildings according to conclusion of competent authority. Lifespan of apartment buildings according to design dossiers shall be specified in written appraisal of competent authorities in accordance with construction laws.

2. Lifespan of apartment buildings shall start from the date on which apartment buildings are commissioned for use in accordance with construction laws.

3. If lifespan of apartment buildings according to design dossiers under Clause 1 of this Article expires or the apartment buildings in question are damaged, prone to collapse, or do not guarantee safety for owners and occupants of apartment buildings before expiry of lifespan, provincial People's Committees shall coordinate inspection and quality assessment of apartment buildings in accordance with Article 61 hereof.

4. Declaration of apartment building lifespan expiry shall conform to this Law and construction laws.

Article 59. Apartment buildings for mandatory demolition

1. Apartment buildings subject to mandatory demolition under Clause 2 of this Article include:

a) Apartment buildings which have lifespan expired in accordance with Article 58 hereof and are subject to mandatory demolition;

b) Apartment buildings which have lifespan not expired in accordance with Article 58 hereof but are subject to mandatory demolition.

2. An apartment building shall be subject to mandatory demolition if:

a) The apartment building is damaged by fire and no longer satisfies safety requirements for further use;

b) The apartment building is damaged by natural disasters or foreign threats and no longer satisfies safety requirements for further use;

c) The apartment building have primary load-bearing elements which have shown general dangerous states, are prone to collapse, do not qualify for further use, or warrant immediate evacuation of owners and users of apartment buildings;

d) The apartment building is severely damaged, experiencing localized dangerous states of primary load-bearing elements, having technical infrastructures for fire safety, water supply, water drainage, electricity supply, local traffic not satisfactory to applicable technical standards and regulations, or potentially suffers from loss of safety during operation and use, requires demolition for safety of owners and users of apartment buildings and compliance with urban renovation and improvement requirements;

dd) The apartment building has any of the following primary structural elements: foundation, pillars, walls, girders, beams damaged, does not qualify for regular use, is not subject to mandatory demolition in accordance with Points c and d of this Clause, is located in areas where the apartment building must match apartment buildings subject to mandatory demolition under this Clause according to approved construction planning.

Article 60. Rules of apartment building renovation and reconstruction

1. Apartment buildings with under multiple owners and apartment buildings under public ownership shall, when subject to mandatory demolition in accordance with Clause 2 Article 59 hereof and reconstructed in accordance with approved planning, comply with this Article.

Renovation and reconstruction of apartment buildings under single owners and not under public ownership shall conform to construction laws.

2. Renovation and reconstruction of apartment buildings shall be implemented in projects, together with urban area renovation and improvement, providing connection to technical infrastructures, social infrastructures, compliant with construction planning, land use planning, land use plan, provincial housing development program, and approved plans for apartment building renovation and reconstruction.

In respect of apartment building demotion under Points a and b Clause 2 Article 59 hereof is not included in approved plans for apartment building renovation and reconstruction, provincial People’s Committees shall allocate temporary accommodation and relocate owners and users of the apartment buildings. Following relocation, provincial People’s Committees shall include the demolition in local plans for apartment building renovation and construction.

3. Renovation and reconstruction of apartment buildings shall conform to this Law, construction laws, investment laws, public investment laws, and other relevant law provisions.

4. If reconstruction of apartment buildings is stipulated by approved planning, owners are allowed to relocate on-site unless otherwise decided. If reconstruction is not stipulated by approved planning, owners of apartment buildings shall receive compensation in form of money or relocation in other areas in the same communes, wards, districts (hereinafter referred to as “communes”), if relocation housing is not available in communes, relocation shall be accommodated in districts and if relocation housing is also not available in districts, relocation housing shall be facilitated in adjacent administrative divisions unless owners purchase or lease-purchase social housing.

In respect of apartment buildings under public ownership where current tenants do not wish to rent after reconstruction of apartment buildings, owners of said apartment buildings have the right to choose form of compensation under Clause 7 Article 70 hereof.

5. Relocating individuals shall have ownership over relocation housing following renovation and reconstruction according to solutions for compensation, assistance, relocation, and temporary accommodation (hereinafter referred to as “compensation and relocation solutions”) in accordance with Article 71 hereof.

6. In case of renovation and reconstruction of apartment complex under Clause 2 Article 59 hereof, provincial People's Committees shall decide to execute one or multiple projects as long as connection to technical infrastructures, social infrastructures and compliance with approved detail construction planning of the apartment complex.

7. Selection of developers for apartment building renovation, reconstruction investment projects shall only be implemented after approved apartment building renovation and reconstruction plans are available in accordance with Article 65 hereof.

8. Developers of apartment building renovation, reconstruction investment projects may separate into investment phases for the purpose of project execution as long as they demolish and reconstruct apartment buildings under Points a, b, and c Clause 2 Article 59 hereof first and demolish and reconstruct remaining apartment buildings later.

The scope of apartment building renovation, reconstruction investment projects shall be determined in detail planning or decision, approval of project investment guidelines approved by competent authority.

9. Decision, approval, and revision of investment guidelines of apartment building renovation, reconstruction investment projects shall conform to Articles 67 and 69 hereof.

10. Land expropriation, land allocation, land lease, land repurposing (if any) for the purpose of executing apartment building renovation, reconstruction investment projects shall conform to land laws unless owners negotiate and transfer land use right to developers of apartment building renovation, reconstruction investment projects in accordance with Clause 11 of this Article.

11. Negotiation for land use right transfer for the purpose of executing apartment building renovation, reconstruction investment project shall be implemented if conditions below are met:

a) The projects do not fall under cases depicted in Clause 1 and Clause 3 Article 68 hereof;

b) The projects only cover land under joint ownership of apartment building owners;

c) Negotiation on land use right transfer for project execution serve on-site relocation according to compensation and relocation solutions agreed upon by owners of apartment buildings and developers of apartment building renovation, reconstruction investment projects.

The transfer of land use right under this Point shall be exempt from all tax obligations.

12. Provincial People's Committees are responsible for allocating funding from local government budget in accordance with legal procedures on state budget in order to:

a) inspect and assess quality of apartment buildings under public ownership; inspect and evaluate quality of other apartment buildings unless such apartment buildings are under single owners and not under public ownership;

b) produce, appraise, and approve planning for apartment building renovation and reconstruction;

c) organize development and approve plan for apartment building renovation and reconstruction;

d) execute apartment building renovation, reconstruction investment projects utilizing local government budget.

13. Allocation of temporary accommodation for apartment building owners shall conform to Article 72 hereof.

14. The Government shall elaborate Clause 11 of this Article.

Article 61. Quality inspection and assessment of apartment buildings

1. Provincial People’s Committees shall direct provincial housing authorities to take charge, cooperate with local authorities and district People’s Committees where apartment buildings are located to inspect and assess quality of apartment buildings in their provinces and cities. In respect of apartment complex, conduct quality inspection and assessment of the entire complex prior to including the apartment complex in plans for apartment building renovation and reconstruction.

Owners of apartment buildings are responsible for cooperating with agencies under this Clause and inspecting bodies in quality inspection and assessment of apartment buildings in accordance with this Law and construction laws.

2. Organizations assigned to conduct quality inspection and assessment of apartment buildings shall determine quality of apartment buildings subject to mandatory demolition in accordance with Clause 2 Article 59 hereof or not subject to mandatory demolition in assessment reports and send to provincial housing authorities. Quality inspection and assessment of apartment buildings shall conform to construction laws and this Law.

3. Upon receiving inspection reports, provincial housing authorities shall review and promulgate conclusion on apartment building quality inspection. Inspection conclusion shall specify details of inspection in accordance with inspection laws and identify whether apartment buildings are subject to mandatory demolition or not in accordance with Clause 2 Article 59 hereof; if apartment buildings are not subject to mandatory demolition, the inspection conclusion shall state duration of further use until the date on which the apartment buildings are subject to mandatory demolition.

4. Inspection conclusion shall be publicly uploaded on website of provincial housing authorities.

Article 62. Forms of apartment building renovation and reconstruction

1. Real estate trading enterprises shall invest or contribute capital together with owners of apartment buildings under Clause 2 Article 59 hereof in order to demolish, reconstruct apartment buildings, except for cases under Clause 2 and Clause 3 of this Article.

2. Provincial People’s Councils shall decide on the use of funding from local government budget in accordance with public investment laws to execute apartment building renovation, reconstruction investment projects in their provinces and cities that do not fall under Clause 3 of this Article in the following circumstances:

a) The entirety of apartment buildings are under public ownership;

b) Apartment buildings are subject to mandatory demolition in accordance with Point b Clause 2 Article 59 hereof unless the apartment buildings are under single owners and are not under public ownership.

3. In respect of public housing where central authorities act as ownership representatives, renovation and reconstruction of said apartment buildings shall conform to public investment laws.

Article 63. Incentive regulations for apartment building renovation, reconstruction investment projects

1. Developers of apartment building renovation, reconstruction investment projects under Clause 1 Article 62 hereof shall benefit from incentive regulations below:

a) They shall be exempt from land levy and land rents in respect of land where land levy and rents are required in apartment building renovation, reconstruction investment projects, including: land area of existing apartment buildings, existing single-family houses (if any), land area of service, mercantile, public structures, land area for technical, traffic, social infrastructures and other structures, including land area where public property under apartment building renovation, reconstruction investment projects is located.

Investors are not required to determine land value, land levy, and land rent from which they have been exempt nor apply for land levy, land rent exemption;

b) Use remaining housing area for trade after facilitating relocation and service, mercantile in project area. Developers of apartment building renovation, reconstruction investment projects are not required to pay land levy and land rent when selling dwelling units in renovated and reconstructed apartment buildings on land of existing apartment buildings after relocation has been facilitated.

In respect of land area for business activities outside of the land area where land levy and land rents are exempt in accordance with this Point and Point a of this Clause, developers of apartment building renovation, reconstruction investment projects shall fulfill financial obligations in accordance with land laws;

c) Obtain loan as per the law from Land development fund, other non-state budget financial funds; advance expenditure from compensation, assistance, relocation payments for the purpose of premise clearance; collect purchase, lease purchase payments of off-plan housing and area of service, mercantile structure in project area for the purpose of project execution;

d) Receive financial assistance from local government budget to build technical infrastructures and social infrastructures in project area according to decisions of provincial People’s Council;

dd) Receive tax, credit incentives, and other incentives as per the law.

2. Developers of apartment building renovation, reconstruction investment projects under Clause 2 and Clause 3 Article 62 hereof shall benefit from incentives specified in Points a and dd Clause 1 of this Article.

3. The Government shall elaborate Point a and Point b Clause 1 of this Article.

Section 2. APARTMENT BUILDING RENOVATION, RECONSTRUCTION PLANNING AND PLAN

Article 64. Requirements of apartment building renovation, reconstruction planning and plan

1. Competent state authorities are responsible for producing, appraising, approving, revising detail planning of apartment building renovation, reconstruction investment projects and publicize this planning in accordance with urban planning laws and construction laws.

2. Detail planning of apartment building renovation, reconstruction investment projects shall include indicators regarding the use of construction planning land, population scale or identify land area available to be repurposed for construction of service, mercantile, office structure, other social infrastructures in order to ensure socio-economic and environmental effectiveness and encourage investors to participate in projects.

3. Depending on lists and provinces where apartment buildings subject to mandatory demolition for reconstruction in accordance with this Law, provincial People’s Committees shall decide on reconstruction solutions for the entire apartment complex or unified solutions for reconstruction of several apartment buildings in communes, districts, or adjacent districts in order ensure socio-economic, environmental effectiveness and incorporate urban renovation and improvement.

In respect of an apartment building which is subject to mandatory demolition, not reconstructed according to approved planning, and not subject to unified solutions according to this Clause, provincial People’s Committees shall allocate funding from local government budget in accordance with state budget procedures in order to relocate, compensate, assist owners, users of this apartment building and organize auctions for plots where the apartment building to be demolished is located in order to facilitate construction according to approved planning, unless otherwise stipulated by the Land Law.

4. The production, appraisal, and approval of detail planning of apartment building renovation, reconstruction investment projects are implemented simultaneously, as the case may be, as quality inspection and assessment of apartment buildings.

Article 65. Requirements of apartment building renovation, reconstruction plan

1. Provincial People’s Committees may develop and approve apartment building renovation and reconstruction plans together with provincial housing development plan or separately to use as the basis for apartment building renovation, reconstruction investment projects.

2. Provincial housing authorities shall, directly or by hiring consultancy units in accordance with bidding laws, develop apartment building renovation, reconstruction laws and report to provincial People’s Committees for approval.

3. Approval of apartment building renovation, reconstruction plans shall only be implemented when apartment building quality inspection and assessment conclusions produced by provincial housing authorities are available in accordance with this Law.

4. If there are apartment buildings subject to mandatory demolition or provincial housing development programs revise details relating to approved apartment building renovation and reconstruction plans after apartment building renovation and reconstruction plans have been approved, provincial People’s Committees shall revise the plans accordingly.

5. Approved apartment building renovation and reconstruction plans, including revised plans, shall be publicly uploaded on websites of provincial People’s Committees and district People’s Committees where the apartment buildings to be renovated, reconstructed are located; sent to commune-level People’s Committees where apartment buildings to be renovated, reconstructed are located in order to notify apartment building owners and users and sent to Ministry of Construction.

Article 66. Details of apartment building renovation and reconstruction plans

Apartment building renovation and reconstruction plans consist primarily of:

1. Lists, location of apartment buildings and apartment complex to be renovated and reconstructed, including date of demolition of each type of apartment building under Clause 2 Article 56 hereof.

In respect of apartment complex renovation and reconstruction, expect time for relocation, demolition, reconstruction of the first apartment buildings and time for relocation, demolition, reconstruction of remaining apartment buildings in the apartment complex;

2. Expected funding sources for relocation and reconstruction of apartment buildings, apartment complex in the area;

3. Responsibilities of authorities and People’s Committees of all levels in implementation of plans for apartment building renovation and reconstruction.

Section 3. INVESTMENT GUIDELINE DECISION, INVESTMENT GUIDELINE APPROVAL, DEVELOPERS OF APARTMENT BUILDING RENOVATION, RENOVATION INVESTMENT PROJECTS

Article 67. Investment guideline decision and approval

1. In respect of apartment buildings under Clause 2 and Clause 3 Article 62 hereof, decision and approval of investment guidelines shall conform to public investment laws.

2. In respect of apartment buildings not mentioned under Clause 1 of this Article, once owners of apartment buildings have selected investors for project execution via Apartment building meetings, selected investors are responsible for submitting documents and implementing procedures for approval of investment guidelines and approval of investors in accordance with Clause 1 and Clause 4 Article 69 hereof without implementing in accordance with the Law on Investment, unless the Prime Minister is entitled to decide on investment guidelines and approve investors at which point Clause 3 Article 69 hereof shall take effect.

3. In respect of cases under Clause 3 Article 68 hereof, provincial housing authorities shall prepare documents and request provincial People’s Committees to approve investment guidelines in accordance with Clause 2 and Clause 5 Article 69 hereof unless the projects fall under entitlement to investment guideline approval of Prime Minister at which point Clause 3 Article 69 of this Law shall take effect.

4. In respect of apartment building renovation, reconstruction investment projects under Clause 2 and Clause 3 of this Article, if said projects are subject to revision to investment guidelines in accordance with the Law on Investment, competent authority entitled to approve investment guidelines shall be entitled to revise investment guidelines; procedures for revision to investment guidelines shall conform to Article 69 hereof.

Article 68. Developers of apartment building renovation, reconstruction investment projects

1. Decision on developers of apartment building renovation, reconstruction investment projects sin respect of apartment buildings under Clause 2 and Clause 3 Article 62 hereof shall conform to public investment laws and construction laws.

2. In respect of apartment buildings not mentioned under Clause 1 of this Article, selection of developers for apartment building renovation, reconstruction investment projects shall conform to Clause 2 Article 67 hereof.

3. If selection of investors for projects for cases under Clause 2 of this Article cannot be implemented within the time limit stipulated by the Government, once the investment guidelines are approved in accordance with Clause 3 Article 67 hereof, provincial housing authorities shall organize bidding for selection of investors for apartment building renovation, reconstruction investment projects in accordance with regulations below:

a) If only 1 investor is interested in accordance with bidding laws, competent authorities shall approve the investor as developer of apartment building renovation, reconstruction investment projects as soon as the investor satisfies requirements and criteria stipulated by the Government;

b) If at least 2 investors are interested, selection of developers of apartment building renovation, reconstruction investment projects shall be done via bidding in accordance with bidding laws.

4. Developers of apartment building renovation, reconstruction apartment buildings under Clause 2 and Clause 3 of this Article have rights specified under Clauses 1, 2, 3,5, 6, 7, and 8 Article 38 hereof and benefit from incentive regulations under Article 63 hereof.

5. Developers of apartment building renovation, reconstruction apartment buildings under Clause 2 and Clause 3 of this Article have obligations specified under Clauses 1, 3, 5, 6, 8, 9, 10, 11, and 13 Article 39 hereof and obligation to:

a) ensure financial capability for project execution as per the law;

b) fully implement commitments in project product trading contracts; ensure structure quality in accordance with construction laws; hand over houses together with related documents to customers, implement house sale, lease purchase, lease transactions in accordance with this Law, real estate trading laws, and other relevant law provisions;

c) demolish apartment buildings in accordance with Article 75 hereof;

d) arrange temporary accommodations, compensation, assistance, and relocation for owners, users of apartment buildings subject to demolition according to approved compensation and relocation solutions in accordance with this Law.

6. The Government shall elaborate this Article.

Article 69. Documents and procedures for approving investment guidelines of apartment building renovation, reconstruction investment projects

1. Request for approval of investment guidelines and approval of investors as developers of apartment building renovation, reconstruction investment projects consists of:

a) Written request for approval of project investment guidelines;

b) Proposed investment projects including the following basic information: investors, investment goal, investment scale, investment, capital mobilization solutions, location, time, schedule, proposed land demand, preliminary environmental impact assessment in accordance with environmental protection laws (if any), information on certificate of apartment building owners, proposed investment incentives, record of consultation regarding investor selection;

c) Compensation and relocation solutions agreed upon by apartment building owners and investors;

d) Written agreement on land use right transfer from apartment building owners to investors for cases under Clause 11 Article 60 hereof;

dd) Documents on legal status of investors, documentary proof of financial capability of investors;

e) Other relevant documents (if any).

2. Request for approval of investment guidelines submitted by provincial housing authorities consists of:

a) Written request for approval of project investment guidelines;

b) Proposed investment projects including the following basic information: investment goal, investment scale, investment, location, time, schedule; land use information at project sites, proposed land demand, preliminary environmental impact assessment in accordance with environmental protection laws (if any); form of selecting investors for apartment building renovation, reconstruction investment projects; inventive regulations and policies;

c) Other relevant documents (if any).

3. In case of apartment building renovation, reconstruction investment projects where the Prime Minister is entitled to approve investment guidelines and investors or approve investment guidelines in accordance with the Law on Investment, documents required shall conform to Clause 1 and Clause 2 of this Article and procedures shall conform to the Law on Investment.

4. Approval of investment guidelines and investors granted by provincial People’s Committees shall be implemented as follows:

a) Investors selected by apartment building owners in accordance with Clause 2 Article 67 hereof shall submit documents under Clause 1 of this Article to provincial housing authorities;

b) Within 3 working days from the date on which adequate documents are received, provincial housing authorities are responsible for requesting assessment and feedback of relevant state authorities regarding contents of the projects;

c) Within 15 days from the date on which request for assessment is received, requested authorities shall remark upon contents under the scope of state management and send to provincial housing authorities. Within 25 days from the date on which adequate documents under Clause 1 of this Article are received, provincial housing authorities shall produce and submit assessment reports to provincial People’s Committees;

d) Within 7 working days from the date on which adequate documents and assessment reports are received, provincial People’s Committees shall review, decide on approval of compensation and relocation solutions, grant approval for investment guidelines and investors as developers of apartment building renovation, reconstruction investment projects; in case of rejection, provincial People’s Committees shall specify the reasons in writing.

5. Approval granted by provincial People’s Committees for investment guidelines in respect of projects under Clause 3 Article 67 shall conform to procedures below:

a) Provincial housing authorities are responsible for producing documents under Clause 2 of this Article and requesting assessment from relevant authorities pertaining to project contents;

b) Within 15 days from the date on which request for assessment is received, requested authorities shall remark upon contents under the scope of state management and send to provincial housing authorities. Within 25 days from the date on which adequate documents under Clause 2 of this Article are received, provincial housing authorities shall produce and submit assessment reports to provincial People’s Committees;

c) Within 7 working days from the date on which adequate documents and assessment reports are received, provincial People's Committees shall review and approve investment guidelines; in case of rejection, provincial People's Committees shall specify the reasons in writing.

6. The Government shall elaborate this Article.

Section 4. COMPENSATION AND RELOCATION SOLUTIONS

Article 70. Rules in producing compensation and relocation solutions

1. Production and approval of compensation and relocation solutions for the purpose of executing apartment building renovation, reconstruction investment projects shall only be implemented after approved detail planning is available.

2. In case of execution of projects under Clause 1 Article 68 hereof, compensation and relocation solutions shall conform to public investment laws; in respect of projects under Clause 3 Article 68 hereof, provincial People’s Committees shall assign responsible organizations to produce and submit compensation and relocation solutions to provincial People’s Committees for approval.

3. If selection of developers for apartment building renovation, reconstruction investment projects does not fall under Clause 2 of this Article, real estate trading enterprises registering as developers of apartment building renovation, reconstruction investment projects shall produce compensation and relocation solutions to enable apartment building owners to choose.

4. Compensation, assistance, relocation, and arrangement of temporary accommodation shall be public, transparent, objective, and compliant with approved compensation and relocation solutions. Area of dwelling units serving relocation shall not be lower than area of dwelling units according to national technical regulations on apartment buildings. Expenditure on compensation, assistance, relocation, and arrangement of temporary accommodations shall be defined in total project investment.

5. In respect of public housing subject to renovation and reconstruction, current tenants shall be eligible for rent as soon as the reconstruction completes unless they no longer wish to rent. In case of apartment buildings under mixed ownership of public housing owners and other owners, ownership representatives of public housing may reach agreement with developers of apartment building renovation, reconstruction investment projects regarding whether compensation is done in form of money or accommodations.

6. Allocation of relocation housing shall be done via contracts for sale, lease purchase, rent of relocation housing in accordance with this Law.

7. Form of compensation for owners of apartment buildings shall be specified under compensation and relocation solutions as follows:

a) In respect of apartment buildings under Clause 10 Article 2 hereof, apartment building owners may choose compensation in form of relocation housing or money equivalent to value of relocation housing;

b) In respect of apartment buildings not mentioned under Clause 10 Article 2 hereof where owners do not contribute funding for apartment building renovation and reconstruction, the owners shall be eligible for compensation equivalent to value of land use right based on percentage of land use right ownership determined in accordance with land laws applicable at the time of producing the compensation and relocation solutions and transfer land use right to developers of apartment building renovation, reconstruction investment projects; in respect of apartment buildings under Point dd Clause 2 Article 59 hereof, apartment building owners shall be eligible for compensation equivalent to land use right and remaining value of dwelling units according to regulations of the Government.

8. In respect of area other than apartment buildings in apartment complex for renovation and reconstruction, apartment building owners shall be eligible for compensation, assistance, relocation, and arrangement of temporary accommodation according to regulations of the Government.

Article 71. Contents and entitlement to approval of compensation and relocation solutions

1. Compensation and relocation solutions primarily consist of:

a) Name of developers if developers of apartment building renovation, reconstruction investment projects have been selected;

b) Name and address of owners, users of apartment buildings;

c) Location and area of apartment buildings subject to renovation and reconstruction; location and area of relocation housing;

d) Form of relocation housing arrangement including relocation housing at the site or elsewhere or purchased, lease-purchased social housing in the area or monetary payment in accordance with this Law;

dd) K coefficient of dwelling unit area in respect of apartment buildings under Clause 10 Article 2 hereof; land value for compensation calculation following reconstruction investment (if any);

e) Value of dwelling units shall be determined after converting area based on K coefficient under Point dd of this Clause; contribution for dwelling unit construction according to project schedule or lump-sum payment after handing over dwelling units not specified under Clause 10 Article 2 hereof; value of relocation housing in case of relocation elsewhere;

g) Agreement on land use right transfer for execution of apartment building renovation, reconstruction investment projects for cases under Clause 11 Article 60 hereof;

h) Solutions for remaining dwelling units after relocation has been implemented;

i) Difference (if any) in value of relocation housing and value of houses to which owners are eligible incurred by developers of apartment building renovation, reconstruction investment projects according to compensation and relocation solutions;

k) Project schedule; time limit for compensation, assistance, relocation, and arrangement of temporary accommodation; time limit for handing over relocation housing in accordance with Point d of this Clause;

l) Financial assistance for relocation, temporary rent, and other relevant expenditure (if any);

m) Maintenance expenditure following apartment building reconstruction shall conform to this Law;

m) Compensation and relocation for area other than apartment dwelling units (if any).

2. Provincial People’s Committees shall approve compensation and relocation solutions within their competence and examine, urge developers of apartment building renovation, reconstruction investment projects to adhere to approved compensation and relocation solutions.

Article 72. Arrangement of relocation housing and temporary accommodation

1. In respect of existing house ownership, arrangement of relocation housing shall conform to regulations below:

a) If approved planning dictates apartment building reconstruction, apartment building owners shall be subject to on-site relocation according approved compensation and relocation solutions.

In respect of apartment buildings under Clause 10 Article 2 hereof, apartment building owners shall receive compensation based on K coefficient under Point dd Clause 1 Article 71 hereof.

In respect of apartment buildings not mentioned under Clause 10 Article 2 hereof, apartment building owners shall make economic contributions to apartment building reconstruction, except for apartment buildings under Clause 2 and Clause 3 Article 62 hereof. Economic contributions to apartment building reconstruction shall be made depending on project schedule or in form of a lump-sum payment after handing over dwelling units and defined under compensation and relocation solutions;

b) If approved planning does not dictate apartment building reconstruction, apartment building owners shall be subject to relocation housing in accordance with Clause 4 Article 60 hereof.

2. In case of rental accommodation, relocation arrangement shall be implemented in accordance with lease agreements; in case of public housing rental, rental arrangement shall be implemented as soon as apartment building renovation and reconstruction complete, unless otherwise agreed upon by tenants and ownership representatives of public housing.

3. Temporary accommodation arrangement for apartment building owners shall only be implemented if apartment building owners request relocation in form of accommodations.

4. Temporary accommodation shall satisfy infrastructure requirements and conditions for daily activities of owners. In case of existing public housing rent, provincial People’s Committees where apartment building renovation, reconstruction investment projects take place are responsible for arranging temporary accommodation or reimbursing rent for tenants during project execution.

For cases under Point b Clause 2 Article 59 hereof, provincial People’s Committees are responsible for arranging temporary accommodation during project execution.

For cases under Point a and Point c Clause 2 Article 59 hereof, provincial People’s Committees are responsible for arranging temporary accommodation until developers of apartment building renovation, reconstruction investment projects are selected. Once project developers have been selected, developers are responsible for arranging temporary accommodation during project execution.

For cases under Point d and Point dd Clause 2 Article 59 hereof, developers of apartment building renovation, reconstruction investment projects are responsible for arranging temporary accommodation during project execution.

5. In addition to relocation arrangement under Clause 1 or Clause 2 of this Article, depending on local conditions, relocating individuals may be eligible for financial assistance provided by provincial People’s Committees from local government budget in accordance with state budget procedures.

6. The Government shall elaborate production, approval of plans for apartment building renovation and reconstruction, investment in project construction; relocation and enforced relocation of owners, users of apartment buildings; compensation, assistance, relocation, temporary accommodation arrangement; funding contribution of owners for apartment building reconstruction investment.

Section 5. RELOCATION, ENFORCED RELOCATION AND DEMOLITION OF APARTMENT BUILDINGS

Article 73. Relocation of owners and users of apartment buildings

1. In respect of apartment buildings subject to mandatory demolition under Point a and Point b Clause 2 Article 59 hereof, provincial People's Committees shall issue decision on emergency relocation and organize relocation of owners, users of apartment buildings to temporary accommodation.

2. In respect of apartment buildings subject to mandatory demolition in accordance with Point c, Point d, and Point dd Clause 2 Article 59, provincial People’s Committees shall issue decision on relocation in accordance with approved compensation and relocation solutions.

3. Decision on relocation primarily consists of:

a) Name and address of owners, users of apartment buildings to be relocated;

b) Deadline for relocation;

c) Location of temporary accommodation;

d) Relocation methods;

dd) Relocation expenditure including expenditure on relocating people, property; rent support for temporary accommodation and other relevant costs (if any);

e) Responsibilities of relevant agencies, organizations, and individuals in implementation of relocation decisions.

4. Provincial People’s Committees shall send relocation decisions to owners, users of apartment buildings subject to relocation and publicly upload these decisions on website of provincial People’s Committees, district People’s Committees, provincial housing authorities where apartment buildings in question are located, and local mass media.

5. Owners, users of apartment buildings and relevant organizations, individuals are responsible for relocating in accordance with decisions of provincial People’s Committees.

6. Relocation expenditure shall be:

a) incurred by local government budget for cases under Clause 1 of this Article;

b) determined in total project investment and incurred by developers of apartment building renovation, reconstruction investment projects for cases under Clause 2 of this Article; developers of apartment building renovation, reconstruction investment projects are responsible for returning expenditure on relocation to state authorities if state authorities have relocated people out of apartment buildings subject to mandatory demolition prior to selecting developers of apartment building renovation, reconstruction investment projects.

Depending on local conditions, provincial People’s Committees shall decide on financing expenditure on relocation from local government budget in accordance with state budget laws.

Article 74. Enforced relocation of owners and users of apartment buildings

1. If owners and users of apartment buildings fail to implement relocation before the deadline stipulated under relocation decisions of provincial People’s Committees, provincial People’s Committees shall issue decision on enforced relocation.

2. Decision on enforced relocation primarily consists of:

a) Name and address of owners, users of apartment buildings subject to enforced relocation;

b) Time limit for enforced relocation;

c) Location of temporary accommodation;

d) Methods for enforcing relocation;

dd) Expenditure on enforced relocation;

e) Responsibilities of relevant agencies, organizations, and individuals in implementation of enforced relocation.

3. District People’s Committees where apartment buildings are located are responsible for organizing enforced relocation in accordance with decisions of provincial People's Committees.

4. Expenditure on enforced relocation shall be:

a) incurred by local government budget for cases under Clause 1 Article 73 hereof;

b) determined in total project investment and incurred by developers of apartment building renovation, reconstruction investment projects for cases under Clause 2 Article 73 hereof; developers of apartment building renovation, reconstruction investment projects are responsible for returning expenditure on enforced relocation to state authorities if state authorities have implemented enforced relocation of people out of apartment buildings subject to mandatory demolition prior to selecting developers of apartment building renovation, reconstruction investment projects.

Depending on local conditions, provincial People’s Committees shall decide on financing expenditure on enforced relocation from local government budget in accordance with state budget laws.

Article 75. Apartment building demolition

1. After relocating owners and users of apartment buildings, developers of apartment building renovation, reconstruction investment projects are responsible for organizing demolition of apartment buildings as follows:

a) Developers of apartment building renovation, reconstruction investment projects shall carry out demolition if they are adequately capable in accordance with construction laws or hire organizations capable in construction operations to carry out demolition;

b) Prior to demolishing, developers of apartment building renovation, reconstruction investment projects shall produce and submit demolition solutions to provincial housing authority for assessment and approval. Within 30 days from the date on which demolition solutions proposed by developers of apartment building renovation, reconstruction investment projects are received, provincial housing authorities are responsible for appraising and approving demolition solutions in accordance with construction laws;

c) Developers of apartment building renovation, reconstruction investment projects shall demolish in accordance with demolition solutions approved by provincial housing authorities.

2. In case of emergency demolition of apartment buildings to ensure safety of nearby constructions, provincial housing authorities are responsible for producing demolition solutions and reporting to provincial People’s Committees.

3. Expenditure on apartment building demolition shall be determined in total project investment. Developers of apartment building renovation, reconstruction investment projects are responsible for reimbursing state authorities conducting emergency demolition for expenditure on emergency demolition under Clause 2 of this Article.

4. Apartment building demolition procedures shall conform to construction laws.