Chương VIII Luật Nhà ở 2023: Quản lý, sử dụng nhà ở

Chapter VIII

HOUSING MANAGEMENT AND USE

Section 1. GENERAL PROVISIONS

Article 118. Details of housing management and use

1. Production, storage, transfer, and management of housing dossiers.

2. Management and use of housing of artistic, architectural, cultural, historical value.

3. Management and use of public housing.

4. Insurance, warranty, maintenance, renovation, demolition of houses.

Article 119. Production of housing dossiers

1. Owners or current users of houses that have not been identified as owners and organizations assigned to manage public housing are responsible for producing and storing housing dossiers in accordance with Clause 2 of this Article.

2. Housing dossiers of single-family houses and apartment buildings shall be regulated as follows:

a) In respect of houses in urban areas and rural areas established before July 1, 2006, documents proving legitimate establishment of houses or housing declaration is required in accordance with housing laws;

b) In respect of houses in urban areas established from July 1, 2006 and onwards, housing dossiers shall consist of documents proving legitimate housing establishment, documents identifying consultancy units, construction units, design drawings, plan drawings of houses and land, as-built dossiers in accordance with construction laws (if any);

c) In respect of houses in rural areas established from July 1, 2006 and onwards, housing dossiers shall consist of documents proving legitimate housing establishment and design drawings, plan drawings of houses and land (if any);

d) In respect of housing construction in projects, housing dossiers shall consist of dossiers of housing investment and construction projects and as-built dossiers in accordance with construction laws.

Article 120. Storage, transfer, and management of housing dossiers

1. Organizations and individuals storing housing dossiers shall be regulated as follows:

a) Owners or current users of houses if owners have not been identified and organizations assigned to manage public housing are responsible for storing housing dossiers; transfer, storage, and management of apartment building dossiers shall conform to Regulation on management and use of apartment buildings;

b) District housing authorities are responsible for storing housing dossiers of domestic households and individuals and overseas Vietnamese;

c) Provincial housing authorities are responsible for storing housing dossiers of domestic organizations, foreign organizations, foreign individuals, and local housing investment and construction projects.

2. Competent authority shall, upon issue certificate, provide housing information under Clause 2 Article 119 hereof to peer housing authorities for establishment of housing dossiers.

Provincial People’s Committees shall decide on cooperation in housing information exchange between competent authority issuing certificate and local housing authorities in order to maintain consistency regarding housing and land information in housing dossiers.

Article 121. Management and use of single-family houses in housing investment and construction projects

1. If developers of housing investment and construction projects manage single-family housing area upon completion of investment and construction process, the developers are responsible for managing exterior architecture of single-family houses that have been handed over to owners in accordance with approved design dossiers; manage and maintain technical infrastructures and social infrastructures in accordance with approved projects unless the Government manages in accordance with decision and investment guidelines approval.

If developers of housing investment and construction projects do not manage single-family housing complexes in projects, provincial People’s Committees are responsible for managing exterior architecture in accordance with approved planning and regulation on architecture management projects or assigning district People’s Committees to manage.

If housing investment and construction projects permit transfer of land use right to enable individuals to build houses, construction shall adhere to approved planning and architecture management regulations.

2. Developers of housing investment and construction projects may separate and name individual single-family housing complexes subject to planning and built separately in the projects for management. The naming of projects and areas therein shall conform to Article 33 hereof.

3. When houses are transferred and used, developers of housing investment and construction projects, owners and users of houses are allowed to establish their own management board that manages housing exterior architectural maintenance, takes care of trees, gardens, maintains utilities, technical infrastructures serving the housing complexes, except for technical infrastructures transferred to the Government or handed over to developers of housing investment and construction projects by the Government for management and maintenance. Composition of internal management board of housing complexes includes representatives of owners, users of the area and representatives of developers of housing investment and construction projects (if any).

4. Owners, users of houses in single-family housing complexes shall hold meetings to establish internal management board of housing complex including quantity, composition of members, review regulations and operation tenure of internal management board of housing complex, regulations on management and use of housing complex, decision on contributions to pay for members of internal management board, care of trees, gardens, maintenance of utilities and technical infrastructures serving housing complexes except for cases where the Government or developers of housing investment and construction projects are not responsible for management.

5. Meetings for initial establishment of internal management boards shall be held by developers of housing investment and construction projects; subsequent meetings shall be held by internal management boards of housing complex or developers housing investment and construction projects via authorization; if owners and users fail to agree on internal management boards of housing complexes, developers of housing investment and construction projects are responsible for managing these housing complexes in accordance with approved projects.

6. Developers of housing investment and construction projects may provide financial support to enable housing complex management board to take care of trees, gardens, maintain utilities, technical infrastructures for cases where the Government or developers of housing investment and construction projects are not responsible for management. Implementation of tasks under this Clause shall be carried out by developers of housing investment and construction projects; if the developers do not carry out tasks, internal management boards shall hire other competent entities for implementation.

Article 122. Management and use of housing of artistic, architectural, cultural, historical value.

1. Houses with artistic, architectural, cultural, historical value, including old villas, regardless of form of ownership shall be determined as follows:

a) Houses classified as national or provincial historical - cultural heritages by competent authorities;

b) Houses other than those under Point a of this Clause but specified under lists approved by provincial People’s Committees in accordance with Clause 2 of this Article.

2. Provincial People’s Committees shall establish councils consisting of representatives of provincial architecture, construction, cultural authorities, relevant industry and scientist associations in order to define criteria and list of housing of artistic, architectural, cultural, historical value in the provinces. The councils are responsible for presenting lists of housing of artistic, architectural, cultural, historical value in the provinces to enable provincial People’s Committees to approve as per the law.

3. The management and use of houses in Clause 1 of this Article shall conform to this Law, architecture laws, cultural heritage laws, and other relevant laws; in case of public housing, regulations under Section 2 of this Chapter shall also be adhered to; in case of villas, regulations under Article 123 hereof shall also be adhered to.

4. Expenditure on management, preservation, maintenance, renovation of housing under Point a Clause 1 of this Article and public housing shall be provided by state budget.

In respect of houses that are not public housing but fall under cases in Point b Clause 1 of this Article, depending on local conditions, provincial People’s Committees shall decide to provide funding, in part or in whole, to enable owners to manage, preserve, maintain, and renovate these houses.

5. In case of houses that require preservation, renovation where population density must be reduced in order to preserve artistic, architectural, cultural, historical value of houses, provincial People’s Committees are responsible for allocating land fund, producing relocation projects, arranging new accommodation; provide sufficient funding to enable owners, users to relocate prior to preserving, renovating these houses.

Article 123. Management and use of villas

1. Villas shall be divided into 3 categories:

a) Category one villas refer to villas deemed cultural - historical heritages in accordance with cultural heritage laws; villas of architectural characteristic values and antique villas defined by councils under Clause 2 Article 122 hereof and proposed to provincial People’s Committees for approval;

b) Category two villas refer to villas that do not fall under Point a of this Clause but possess artistic, architectural, cultural, and historical value defined by councils under Clause 2 Article 122 hereof and are proposed to provincial People’s Committees for approval;

c) Category three villas refer to villas that do not fall under Point a and Point b of this Clause.

2. The management, use, maintenance, and renovation of villas shall adhere to principles below:

a) Villas shall adhere to this Law, planning laws, architecture laws, and construction laws; villas of artistic, cultural, historical values shall also adhere to cultural heritage laws;

b) Category one villas shall have their exterior architecture, including architectural form; interiors architecture; building density, number of storey, and height retained;

c) Category two villas shall have their exterior architecture retained.

Article 124. Housing repurposing

1. Housing repurposing shall be allowed for the purpose of:

a) repurposing relocation housing to social housing;

b) repurposing unused official housing or social housing to relocation housing;

c) repurposing houses under Point d Clause 1 Article 13 hereof to official housing or social housing for lease;

d) under or circumstances according to decisions of Prime Minister on the basis of propositions of the Ministry of Construction.

2. Repurposing under Clause 1 of this Article shall adhere to principles below:

a) The repurposing is appropriate with approved provincial housing development programs and plans; not cause loss of public property;

b) Repurposed houses shall be used effectively, for the right purpose, and adhere to standards, technical regulations of repurposed houses;

c) Approval by the Ministry of Construction or provincial People’s Committees is required.

3. The Government shall elaborate this Article.

Section 2. MANAGEMENT AND USE OF PUBLIC HOUSING

Article 125. Management and use of public housing

1. Public housing shall be used for the right purpose, effectively and in a manner that avoids loss and waste; lease, lease purchase, and sale of houses shall be made to the right entities, with sufficient eligibility, and in accordance with this Law. Sale and lease purchase payments of public housing less reasonable costs shall be allocated in budget expenditure estimates for investment and construction social housing under public ownership.

2. Official housing shall only be leased; social housing and housing for people’s armed forces shall be leased, lease-purchased, and sold or leased and lease-purchased if they are built by using public investment.

If investment and construction of social housing or housing for people’s armed forces are required, representatives of owners of public housing shall produce schemes for sale of social housing and housing for people’s armed forces currently under lease, except for social housing and housing for people’s armed forces whose investment and construction utilize funding sources under Point b Clause 1 Article 113 hereof and send to Ministry of Construction for appraisal, to Prime Minister for decision in accordance with regulations of the Government.

3. The lease and sale of public housing under Point d Clause 1 Article 13 hereof shall only be implemented in the absence of disputes and lawsuits regarding public housing use right in accordance with regulations on settling disputes, conflicts, lawsuits, and denunciations and in situations where lease or sale of such public housing is allowed.

Cases of arrangement and use of public housing under Point d Clause 1 Article 13 hereof from January 19, 2007 shall conform to this Law and public asset management and use laws; if the Government no longer uses such public housing, the public housing shall be sold in accordance with regulations on sale of public asset under public asset management and use laws.

4. Tenants of official housing shall, upon being ineligible for renting official housing or relocating or violating housing management and use regulations that result in repossession, shall return official housing to the Government.

If individuals return official housing that is not a result of housing repossession due to violation of Points a, e, and h Clause 1 Article 127 hereof and lack accommodation after returning official housing, superior agencies and organizations of these individuals are responsible for cooperating with provincial People’s Committees where the individuals reside in, depending on specific conditions, enabling purchase, lease purchase, rent of social housing or allocating homestead land to enable them to build houses.

5. Management of public housing shall be implemented as follows:

a) Organizations or enterprises specifically capable in managing housing operation implement and receive benefits applicable to public services;

b) Representatives of owners of public housing invested and built by using funding sources under Point a Clause 1 Article 113 hereof assign entities managing housing operation to manage housing operation, in case of apartment buildings, these entities shall be sufficiently capable in accordance with this Law; in respect of absence of sufficiently capable entities managing housing operation, organize biddings to choose managing entities.

6. The management and use of repossessed housing shall conform to Article 127 hereof.

Article 126. Entities, eligibility for renting, lease-purchasing, purchasing public housing

1. Entities eligible for renting, lease-purchasing, purchasing public housing:

a) Entities under Clause 1 Article 45 hereof are only eligible for renting official housing;

b) Entities under Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 Article 76 hereof are eligible for renting, lease-purchasing, purchasing social housing; entities under Clause 7 Article 76 hereof are eligible for renting, lease-purchasing, purchasing housing for people’s armed forces if they have not been able to rent, lease-purchase, or purchase social housing;

c) Entities under Clause 10 Article 76 hereof are eligible for renting, lease-purchasing, purchasing relocation housing if they have not been able to rent, lease-purchase, purchase social housing;

d) Entities currently using houses under Point d Clause 1 Article 13 hereof are eligible for renting or purchasing said houses;

dd) Entities under Clause 11 Article 76 hereof are eligible for renting social housing.

2. Eligibility for renting, lease-purchasing, purchasing public housing:

a) Entities satisfying conditions under Clause 2 Article 45 hereof are eligible for renting public housing;

b) Entities satisfying conditions under Clause 1, Clause 2, or Clause 8 Article 78 hereof are eligible for renting, lease-purchasing, purchasing social housing; entities under Clause 10 Article 76 hereof who have not been allocated with relocation housing and/or relocation homestead land are eligible for renting, lease-purchasing, purchasing social housing. Entities satisfying Clause 6 Article 78 hereof are eligible for renting, lease-purchasing, purchasing housing for people’s armed forces.

Entities under Clause 11 Article 76 hereof are eligible for renting housing during period of studying;

c) Entities subject to land expropriation or clearance according to decision of competent authorities and ineligible for renting, lease-purchasing, purchasing of social housing are eligible for renting, lease-purchasing, purchasing relocation housing;

d) Entities using houses, able to present documents proving housing arrangement and use, and wishing to rent or purchase the housing are eligible for renting or purchasing housing in accordance with Point d Clause 1 Article 13 hereof.

3. Entitlement to sign contracts for lease, lease purchase, purchase of public housing:

a) In respect of lease-purchasing or purchasing of social housing and housing for people’s armed forces or sale and purchase of housing under Point d Clause 1 Article 13 hereof, the contracts shall be signed between buyers/tenants, buyers with assigned housing authorities;

b) In respect of renting, lease-purchasing, purchasing relocation housing, the contracts shall be signed between relocating individuals and entities arranging relocation;

c) In respect of renting housing under Point d Clause 1 Article 13 hereof, official housing, social housing, and housing for people’s armed forces, the contracts shall be signed between tenants and assigned housing authorities or entities managing housing operation;

d) In case of students, lease agreements shall be signed between the tenants and education institutions or assigned housing authorities.

4. The Government shall elaborate determination of date on which housing arrangement is implemented, eligible entities, eligibility for renting, purchasing housing, sale and lease of houses, determination of rent and sale price in respect of housing under Point d Clause 1 Article 13 hereof; price determination and management of revenues generated by lease, lease purchase, sale of housing under Point d Clause 1 Article 13 hereof; management, use, and operation of public housing.

Article 127. Cases of repossession and enforced repossession of public housing

1. The repossession of public housing shall be implemented if:

a) Lease, lease purchase, sale of houses is implemented in a manner that does not respect entitlement, eligible entities, or eligibility in accordance with housing laws; or

b) Lease period ends according to contracts where tenants no longer wish to rent or both parties agree to terminate lease agreement; or

c) Tenants, buyers/tenants returning leased, lease-purchased houses; or

d) Tenants are no longer eligible for renting houses in accordance with this Law; or

dd) Tenants decease or are declared missing by the court and no other cohabitants are present; current tenants of official housing decease or are declared missing by the court; or

e) Tenants, buyers/tenants fail to incur rent for at least 3 months without justifiable reasons; or

g) Houses for lease, lease purchase are subject to mandatory demolition for renovation or reconstruction according to decision of competent authority; houses do not meet safety requirements in accordance with construction laws; or

h) Tenants and buyers/tenants fail to use houses for the right purposes defined in contracts for lease, lease purchase or repurposing, selling, subletting, lending houses without permission or reshaping, expanding, renovating, demolishing houses; or

i) Tenants of official housing are mobilized, reassigned, seconded to other areas; or

k) Houses are illegally appropriated.

2. Tenants, buyers/tenants, buyers, users subject to housing repossession under Clause 1 of this Article must hand over the houses to assigned housing authorities; failure to hand over houses shall cause representatives of owners of public housing to decide on enforced repossession. Provincial People’s Committees are responsible for organizing enforced repossession or assigning district People’s Committees where the houses are located to implement enforced repossession within 30 days from the date on which decision on enforced repossession is issued.

Once repossession is complete, depending on specific circumstances, competent authorities may repurpose or manage, arrange lease, lease purchase, or sell in accordance with this Law.

3. The Government shall elaborate procedures for repossession and enforced repossession of public housing.

Section 3. INSURANCE, WARRANTY, MAINTENANCE, RENOVATION OF HOUSES

Article 128. Housing insurance

1. The Government encourages house owners to purchase insurance as per the law. In respect of houses named under list of construction posing a risk of conflagration in accordance with fire safety laws, owners of these houses shall purchase compulsory fire insurance.

2. Insurance form, premiums, and terms shall conform to insurance business laws and fire safety laws.

3. If house owners has paid insurance premiums in accordance with this Article after which point their houses are burned, they shall be eligible for insurance claim according to signed insurance contracts.

Article 129. Housing insurance

1. Organizations and individuals building houses shall provide warranty in accordance with construction laws; organizations and individuals providing housing equipment shall provide warranty for the equipment during the periods stipulated by the manufacturers.

In case of housing investment and construction for sale and/or lease purchase, sellers and sellers/landlords are responsible for providing warranty in accordance with Clause 2 and Clause 3 of this Article. Sellers, sellers/landlords have the right to request constructing, equipment supplying organizations and individuals to provide warranty as per the law.

2. Houses shall be subject to warranty from the date on which they are constructed and commissioned for:

a) at least 60 months in case of apartment buildings;

b) at least 24 months in case of single-family houses;

3. Warranty includes repair, remediation of damage to frames, pillars, girders, floor, walls, ceilings, roofs, rooftops, staircases, plasters, boards, gas supply system, power supply system, lighting power supply system, water tanks, water supply system, septic tanks, wastewater drainage system, slanted surfaces, depression, fissures, and other works agreed upon in sale and lease purchase agreements. In respect of other equipment associated with houses, sellers and sellers/landlords shall repair and replace in accordance with regulations of manufacturers.

Article 130. Housing maintenance

1. House owners are responsible for maintaining houses; if owners have not been identified, current managers and users are responsible for managing the houses. Owners of apartment buildings are responsible for maintaining private area and contributing funding for maintenance of common area of apartment buildings.

2. Details and procedures for maintenance and management of apartment building maintenance dossiers shall conform to construction laws.

In respect of houses under Clause 1 Article 122 hereof, architecture laws, planning laws, and cultural heritage laws shall be adhered to.

3. House owners, entities maintaining houses shall guarantee safety for humans, property, hygiene, and environment during maintenance process; maintenance of public housing shall also adhere to Article 133 hereof.

Article 131. Housing renovation

1. House owners are allowed to renovate houses that they own; individuals other than owners of a house are only allowed to renovate the house if the owners of the house agree.

2. Housing renovation shall adhere to this Law and construction laws; if the law mandates housing renovation projects, approved projects shall be adhered to. Renovation of public housing shall also adhere to Article 133 hereof.

3. In respect of villas under Clause 1 Article 123 hereof, renovation shall adhere to planning laws, architecture laws, cultural heritage laws; if the law mandates approval of competent authority prior to renovation, housing authorities shall adhere to written approval of competent authorities.

4. In respect of old villas under Point a and Point b Clause 1 Article 123 hereof, regulations below shall also be adhere to:

a) Original conditions of villas must not be altered;

b) Demolition is not allowed if villas are not severely damaged and/or prone to collapse according to inspection conclusion of provincial housing authority; if demolition for reconstruction is required, original architecture, material, building density, number of storeys, and height of villas shall be respected;

c) Additional structures are not allowed for the purpose of increasing area or expanding, expropriating area outside of the villas.

Article 132. Maintenance and renovation of leased houses

1. Landlords have the right to maintain, renovate houses if tenants agree except for emergencies or force majeure. Tenants are responsible for enabling landlords to implement housing maintenance and renovation.

2. Landlords have the right to reasonably adjust rent after renovating if remaining rental period is at most one-third of total rental period in lease agreements; if tenants do not agree with rent adjustment, they have the right to unilaterally terminate lease agreement and receive compensation as per the law.

3. If tenants must relocate in order to facilitate housing maintenance or relocation, the parties shall negotiate temporary accommodation and rent during periods of maintenance and relocation; if tenants arrange their own accommodation and have paid rent in advance for the entirety of periods of maintenance and relocation, landlords shall reimburse the rent incurred by tenants. Periods of maintenance or renovation shall not be included in the term of lease agreements. Tenants may continue to rent once renovation and maintenance complete.

4. Tenants have the right to request landlords to maintain houses unless houses are damaged by the tenants; if landlords fail to maintain houses, tenants have the right to maintain houses as long as the they inform landlords at least 15 days in advance. Written notice shall state level of maintenance and expenditure. Landlords shall pay maintenance costs or deduct maintenance costs from rent.

Article 133. Maintenance and renovation of public housing

1. Maintenance and renovation of public housing shall be approved by competent authority and compliant with this Law and construction laws. In respect of maintenance of apartment buildings under public ownership, representatives of owners of public housing shall assigned operational managing entities to perform maintenance if they are sufficiently capable for maintenance work; if these entities are incapable of performing maintenance, biddings for selection of entities sufficiently capable of maintenance work shall be implemented.

2. In respect of renovation of currently leased public housing, Article 132 hereof shall be adhered to; if housing authorities allow tenants in writing to renovate using their own funding, the renovated sections are still considered public property, organizations managing the property are responsible for reimbursing renovation costs incurred by the tenants or deducting renovation costs from rent.

Article 134. Maintenance and renovation of housing under shared ownership

1. Owners of housing under shared ownership have the right and responsibility to maintain, renovate housing sections that they own; if ownership of each owner cannot be identified, responsibility for maintenance and renovation shall be evenly distributed among owners. Maintenance and renovation of housing under shared ownership shall be agreed upon by all owners; maintenance and renovation of apartment buildings shall conform to this Law and Regulations on management and use of apartment buildings.

2. Expenditure on maintenance and renovation of sections under shared ownership shall be distributed among owners corresponding to percentage of their ownership unless otherwise agreed upon by the owners. In respect of apartment buildings under ownership of multiple owners, maintenance costs shall conform to Section 4 Chapter IX hereof.

Article 135. Rights and obligations of housing owners in housing maintenance and renovation

1. Regarding housing maintenance and renovation, owners have the right to:

a) perform maintenance or renovation or hire organizations, individuals to perform maintenance and renovation; hire entities, individuals capable of maintenance and renovation if the law stipulates that maintenance and renovation must be performed by competent organizations and individuals;

b) request competent authorities to issue construction permit if renovation process requires construction permit and facilitate maintenance, renovation of housing once all conditions according to construction laws are met;

c) exercise other rights as per the law.

2. Regarding housing maintenance and renovation, owners have the obligation to:

a) comply with regulations on housing maintenance and renovation; enable other owners to perform maintenance and renovation of their houses;

b) compensate other organizations and individuals for damage caused;

c) perform other obligations as per the law.

Section 4. HOUSING DEMOLITION

Article 136. Cases of mandatory demolition

1. Cases of mandatory demolition:

a) Houses are severely damaged, prone to collapse, not safe for users according to quality inspection conclusion of provincial housing authorities where the houses are located or in state of emergency, natural disaster preparedness;

b) Apartment buildings subject to mandatory demolition under Clause 2 Article 59 hereof;

c) Houses are cleared for land expropriation according to decision of competent authorities;

d) Houses are built in areas where construction is prohibited or on land that is not homestead land according to approved planning;

dd) Houses are demolished due to reasons other than those mentioned under Points a, b, c, and d of this Clause.

2. Demolition under Clause 1 of this Article shall conform to this Law and construction laws.

Article 137. Demolition responsibility

1. House owners or managers, users are responsible for demolition; if houses are cleared for reconstruction of houses or other structures, developers of housing investment and construction projects shall be responsible for demolition.

2. House owners shall demolish their houses if they are capable in accordance with construction laws or hire competent organizations and individuals.

3. Demolition of apartment buildings shall conform to Chapter V hereof.

4. Commune People’s Committees are responsible for monitoring and expediting demolition work in their communes.

Article 138. Demolition requirements

1. People and property must be evacuated from demolition site.

2. Signs must be erected and measures must be taken to isolate from adjacent areas.

3. Safety for people, property, nearby structures, technical infrastructures, social infrastructures must be guaranteed if demolition is not required; hygiene and environment requirements must be met as per the law.

4. If demolition solutions are required according to construction laws, house owners, managers, users, and developers of housing investment and construction projects shall produce demolition solutions prior to implementation.

5. Demolition of houses in residential areas must not be performed from 12 p.m. to 1 p.m. and from 10 p.m. to 5 a.m. except for cases of emergencies.

Article 139. Enforced demolition

1. If a house is subject to mandatory demolition under Article 136 hereof and its owners, managers, users, or developers of housing investment and construction projects fail to voluntarily perform demolition, competent authority under Clause 2 of this Article shall promulgate decision on enforced demolition.

2. Entitlement to promulgate decision on enforced demolition:

a) Chairpersons of district People’s Committees shall promulgate decision on enforced demolition of houses for land expropriation under Point c Clause 1 Article 136 hereof, enforced demolition of single-family houses under Points a, d, and dd Clause 1 Article 136 hereof;

b) Chairpersons of provincial People’s Committees shall promulgate decision on enforced demolition of apartment buildings under Points a, b, d, and dd Clause 1 Article 136 hereof.

3. District People’s Committees are responsible for organizing enforced demolition in accordance with decision on enforced demolition under Clause 2 of this Article.

4. Expenditure on enforced demolition:

a) House owners, managers, users or developers of housing investment and construction projects shall incur expenditure on enforced demolition and relevant costs;

b) If house owners, managers, users and developers of housing investment and construction projects fail to incur expenditure on enforced demolition and relevant costs, competent authority shall issue decision on seizure of property in order to fund demolition.

Article 140. Accommodation of house owners during demolition

1. House owners shall arrange their accommodation in the event of demolition, except for Clause 2 and Clause 3 of this Article.

2. In case of demolition for land expropriation, accommodation for house owners shall be resolved in accordance with policies on relocation housing when the Government expropriates land in accordance with this Law and land laws.

3. In case of demolition of apartment buildings, accommodation of apartment building owners shall be resolved in accordance with Article 72 hereof.

Article 141. Demolition of leased houses

1. Landlords shall notify tenants in writing of demolition at least 90 days in advance unless demolition is performed in case of emergencies or in accordance with decisions of competent authority.

2. In case of demolition for reconstruction where rent term has not expired, landlords are responsible for arranging accommodation for tenants during demolition and reconstruction process unless the tenants arrange accommodation by themselves. Once construction completes, tenants may continue to rent until the expiry of the contracts unless the tenants no longer wish to rent; if the tenants arrange accommodation by themselves, they are not required to pay rent during demolition and reconstruction process. Duration of demolition and reconstruction is not included in effective period of lease agreements.