Chương I Nghị định 69/2021/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This decree elaborates to renovation and reconstruction of apartment buildings specified under Article 110 of Law on Housing, including: inspecting quality assessment of apartment buildings, preparing and approving plans for renovation and reconstruction of apartment buildings; selecting project developers; compensating, funding, relocating and assigning temporary residence for individuals who relocate; rights, responsibilities of project developers, owners, and inhabitants in apartment buildings in relocating, deconstructing, renovating, reconstructing apartment buildings, and some mechanisms in executing projects for renovating, reconstructing apartment buildings.

2. Enforced deconstruction and land clearance for apartment buildings when the Government appropriate land for national defense and security are not regulated by this Decree.

Article 2. Regulated entities

1. Domestic organizations, households, individuals, overseas Vietnamese, foreign organizations, and individuals engaged in renovation and reconstruction of apartment buildings.

2. Regulatory agencies and other organizations, individuals engaged in renovation and reconstruction of apartment buildings.

Article 3. Term interpretation

In this Decree, terms below are construed as follows:

1. “an apartment building” refers to an independent building with one or multiple blocks defined according to Clause 3 Article 3 of Law on Houses and built on a land plot as per planning.

2. “apartment complex” refers to an area where at least 2 apartment buildings specified under Clause 1 of this Article and other constructions are built, including detached houses (if any) constructed on a land plot as per planning.

3. “apartment renovation and reconstruction project” refers to a relocation project that aims to improve quality, expand, adjust current area components of an apartment building or deconstruct for new construction of apartment buildings and other constructions (if any). Apartment renovation and reconstruction project consists of apartment building renovation and reconstruction project, and apartment complex renovation and reconstruction project.

4. “in-situ relocation” refers to allocation of houses and other area (if any) for organizations, households, individuals eligible for relocation at their original locations within the scope of apartment renovation and reconstruction project.

5. “project developer of apartment renovation and reconstruction project” refers to a real estate enterprise selected by methods under Article 14 and Article 15 hereof or an organization assigned by the Government according to Article 16 of the Government to implement the project.

6. “apartment owner” refers to owner of an apartment flat, owner of other area in an apartment building.

Apartment owners are organizations, individuals issued with or eligible for issuance of certificate of house ownership, land ownership, and ownership for other assets attached to land from time to time (hereinafter referred to as “certificate”), except for owners of state-owned land area.

7. “apartment inhabitant” refers to an owner who is directly using the apartment building or organization, household, individual legally using flat, other area in the apartment building via rental, lease, accommodation, authorization for management and use, or use according to decisions of regulatory authorities.

Article 4. Principles of renovation and reconstruction of apartment buildings

1. Renovation and reconstruction of apartment buildings must be implemented as per planning and aim to renovate, improve urban areas, and conform to construction planning, land use plans and planning, housing development programs and plans for reconstruction and renovation of apartment buildings approved by competent agencies.  

In case an apartment building which is not under apartment renovation and construction plan approved must be immediate deconstructed due to incident, natural disaster or fire, People’s Committee of province must immediately relocate households away from the apartment building and include said apartment building in apartment renovation and reconstruction plan of the province.

2. Implementation of apartment renovation and reconstruction project must comply with construction laws, housing laws, land laws, relevant law provisions and this Decree; project developers must prioritize deconstruction of apartment buildings under Clause 1, Point a Clause 2 Article 5 of this Decree for reconstruction over other apartment buildings that are required to be deconstructed. Apartment renovation and reconstruction projects are not required to spare land area for construction of social houses as per housing laws.

3. The scope of apartment renovation and reconstruction project is identified under detail planning or in agreement of project investment guidelines approved by competent agencies.

4. For current apartment complexes specified under Clause 2 Article 110 of Law on Housing, local governments may implement one or multiple renovation and reconstruction projects for the apartment complexes while maintaining connection to technical infrastructure, social infrastructure, and adherence to detail planning of the apartment complexes approved by competent agencies.

In case of implementing one project, project developers may divide investment into stages as long as they deconstruct apartment buildings under Clause 1, Point a Clause 2 Article 5 hereof for construction first while remaining apartment buildings in the areas are reconstructed according to apartment renovation and reconstruction plan approved by People’s Committees of provinces later.  Division of investment for apartment renovation and reconstruction project must be identified in agreement of investment guidelines approved by competent agencies, compliant with practical conditions, project implementation period of each apartment building, and adhering to this Article.

5. In case of inability to keep up with progress of investment projects according to decisions to approve investment guidelines, competent agencies capable of approving investment guidelines shall decide to extend or terminate implementation of investment projects. In case of terminating project implementation, People’s Committees of provinces are responsible for organizing selection of new project developers according to this Decree; for apartment renovation and reconstruction projects under Clause 1 Article 6 of this Decree, competent agencies capable of deciding on investment guidelines shall decide to extend implementation period in a manner similar to projects utilizing public investment.

Article 5. Cases where apartment buildings must be deconstructed for reconstruction or construction of other buildings as per planning

An apartment building that must be deconstructed for reconstruction or construction of other building(s) as per planning under this Decree when:

1. The apartment building must be immediately deconstructed due to incident, natural disaster, or fire as per the law.

2. The apartment building runs out of its service life or is concluded by housing authority of the province to be:

a) having primary load-bearing structures facing overall danger, risk of collapse, failure to meet use conditions, and/or requiring immediate relocation of apartment owners and inhabitants;

b) suffering from severe damage, having primary load-bearing structures facing local damage, and having any of the following factors: firefighting infrastructures; water supply and drainage infrastructures; waste water processing infrastructures; power supply infrastructures; or internal traffic infrastructures fail to satisfy applicable technical standards and regulations or face risk of causing unsafe situations during operation, and requiring deconstruction in order to ensure safety for inhabitants and meet requirements for urban renovation and improvement.

3. The apartment building has one of its primary structural components (foundation, pillars, walls, beams) damaged and not satisfactory to normal use conditions but not required to be deconstructed according to Clause 2 of this Article yet, but is situated in area with apartment buildings eligible for deconstruction according to Clause 2 Article 110 of Law on Housing.

Article 6. The Government implements apartment renovation and reconstruction projects utilizing funding sources under Clause 3 Article 36 of Law on Housing (and amendment thereto under Point a Clause 6 Article 99 of Law on Investment in form of public-private partnership 2020)

1. The Government renovates and reconstructs apartment buildings utilizing funding sources under Clause 3 Article 36 of Law on Housing (and amendment thereto under Point a Clause 6 Article 99 of Law on Investment in form of public-private partnership 2020) for following cases:

a) In case an apartment building and/or apartment complex whose whole area is state owned is required to be deconstructed according to Article 5 hereof;

b) In case project developer(s) cannot be selected according to Article 15 hereof.

2. On the basis of apartment buildings that must be deconstructed for reconstruction according to Clause 1 of this Article, People’s Committees of provinces are responsible for reporting to People’s Councils of the same levels to decide on allocating funding sources for implementation of apartment renovation and construction projects.

3. Decision on investment guidelines for apartment renovation and construction projects under this Article shall be implemented in a manner similar to projects utilizing public investment.

4. Deconstruction of apartment building and implementation of investment projects for apartment renovation and construction under this Article shall conform to regulations and law on construction, this Decree, and relevant law provisions.

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