Decree No. 101/2015/ND-CP on Renovation and Reconstruction of Apartment Buildings

DECREE

VỀ RECONSTRUCTION AND REBUILDING OF APARTMENT BUILDINGS

Pursuant to the Law on Government Organization dated February 18, 2025;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."pursuant to the Government's Resolution dated December 25, 2001;

Pursuant to the Housing Law issued on November 25, 2014;

BASED ON THE LAW ON URBAN PLANNING dated August 25,June 2024;2004;14;

BASED ON THE LAW ON LAND dated 1June 7, 2009;

BASED ON THE LAW ON URBAN PLANNINGi of the National Assembly on the 7th Session of the 15th National Assembly; 11 in 2013;

At the proposal of the Minister of Construction,

h"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."The Government issued the Decree on the reconstruction and rebuilding of apartment buildings.itself1. This Decree stipulates detailed regulations on the reconstruction and rebuilding of apartment buildings that are severely damaged, at risk of collapse, and not safe for users as provided for in Article 110 of the Law on Housing, and the resettlement of housing for those being relocated; it also sets out certain mechanisms and policies regarding planning, land, finance, credit, and construction technology to invest in the reconstruction and rebuilding of apartment buildings.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

2. The demolition and clearance of land for apartment buildings when the State recovers land for national defense, security, national interests, or public interest purposes does not fall within the scope regulated by this Decree.

1. Organizations, households, individuals within the country, overseas Vietnamese, foreign organizations, and individuals related to the activities of reconstructing and rebuilding apartment buildings.

Article 2. Applicability

2. State management agencies related to the activities of reconstructing and rebuilding apartment buildings.

3. Other organizations and individuals related to the activities of reconstructing and rebuilding apartment buildings.

Article 3. Definitions

1. An independent apartment building is a block of apartment buildings (with one or more units) constructed on a plot of land according to planning.i interpret terms

In this Decree, the following terms are understood as follows:

2. An apartment complex is an area with two or more blocks of apartment buildings constructed on a plot of land according to planning.

3. Severely damaged apartment buildings at risk of collapse, no longer ensuring safety for users (hereinafter referred to as severely damaged apartment buildings) are apartment buildings that have exceeded their service life, apartment buildings that have subsided, cracked, tilted, and other abnormal phenomena according to the standard for assessing the level of danger of the structural integrity of apartment buildings and the quality inspection conclusion issued by the competent authority and need to be relocated or demolished within a certain period to ensure user safety.

4. Dangerous apartment buildings are apartment buildings that have exceeded their service life, apartment buildings that have deteriorated, subsided, cracked, tilted, and other abnormal phenomena according to the standard for assessing the level of danger of the structural integrity of apartment buildings and the quality inspection conclusion issued by the competent authority and need to be urgently relocated or demolished.

5. A project to invest in the reconstruction and rebuilding of apartment buildings is a project to demolish part or all of old apartment buildings and existing structures (if any) to renovate and upgrade the exterior, structure of the building, expand the area, adjust the floor area structure of the apartment building, or construct new apartment buildings and architectural works, infrastructure according to the approved planning by the competent authority.

6. The owner of an apartment building is the owner of an apartment unit in the apartment building or the owner of other areas in the apartment building.

7. The owner of an apartment unit in an apartment building is a person who has been granted or is eligible to be granted a Certificate of Ownership of Housing, Right to Use Land, and Other Assets Attached to Land for that apartment unit in accordance with the laws on land and housing.

8. The owner of other areas in an apartment building is a person who has been granted or is eligible to be granted a Certificate of Ownership of Housing, Right to Use Land, and Other Assets Attached to Land for that area in accordance with the laws on land and housing.

In cases where an apartment building includes apartment units and other areas owned by the State, the representative owner is an organization, agency, or unit as prescribed by the laws on the management and use of State-owned housing.

9. The user of an apartment building is the owner or an organization, household, or individual legally using the apartment building through leasing, borrowing, staying temporarily, being authorized to manage and use, or using pursuant to a decision of a competent state agency.

9. The user of a condominium building is the owner or an organization, household, or individual legally using the condominium building through leasing, borrowing, residing with permission, being authorized to manage and use, or using pursuant to a decision of a competent state administrative agency.

Article 4. Principles for Implementing Renovation and Reconstruction of Apartment Buildings

1. The renovation and reconstruction of apartment buildings must be carried out according to projects, not individually reconstructing each building (except for independent apartment buildings), ensuring compliance with the requirements stipulated in Clause 3, Article 112 of the Law on Housing.

2. Each area with apartment buildings that need renovation and reconstruction may implement one or more projects in accordance with urban planning approved by competent authorities and construction standards and technical regulations that have been promulgated.

3. In cases where owners of apartment buildings wish to be resettled in place and one old apartment unit has two or more household registration books, in addition to the residential area allocated according to Point b, Clause 1, Article 116 of the Law on Housing, the owner shall be given priority to purchase additional units at the same location at a business price agreed upon between the project investor and the owner of the apartment building.

4. Organizations and individuals participating in the implementation of projects for the renovation and reconstruction of apartment buildings and owners of apartment buildings required to demolish and reconstruct as stipulated in Article 110 of the Law on Housing shall enjoy mechanisms and policies as prescribed in Chapter III of this Decree.

Article 5. Forms of Implementation of Investment Projects for Renovation and Reconstruction of Apartment Buildingsiproject for the renovation and reconstruction of condominium buildings

Forms of implementation of investment projects for the renovation and reconstruction of apartment buildings as prescribed in Article 113 of the Law on Housing include:

1. Owners of apartment buildings required to demolish and reconstruct as stipulated in Article 110 of the Law on Housing select enterprises or cooperatives established and operating in accordance with the law and having real estate trading functions (hereinafter referred to collectively as real estate trading enterprises) to participate in capital investment or contribution to carry out demolition and reconstruction of the apartment buildings.

2. The State shall invest in the renovation and reconstruction of apartment buildings in the following cases:

a) Apartment buildings required to be demolished and reconstructed as stipulated in Clauses 1 and 2, Article 110 of the Law on Housing, but have exceeded the time limit specified in Clauses 5 and 6, Article 7 of this Decree, and the owners have not selected real estate trading enterprises to carry out demolition and reconstruction, then the State shall compulsorily demolish and directly invest in the renovation and reconstruction of these apartment buildings using the funds specified in Clause 3, Article 36 of the Law on Housing;

b) The State shall implement the build-transfer (BT) contract form with investors undertaking the reconstruction of old apartment buildings on the original land or at another location to meet the resettlement needs of owners of apartment buildings required to be demolished and reconstructed.

The implementation of housing construction projects under the build-transfer (BT) contract form shall be carried out in accordance with the laws on housing and related laws.

Chapter II

PROCEDURES, REQUIREMENTS, RIGHTS AND OBLIGATIONS OF INVESTORS AND OWNERS WHEN IMPLEMENTING INVESTMENT PROJECTS FOR RENOVATION AND RECONSTRUCTION OF APARTMENT BUILDINGS

Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…Section 1

PROCEDURES FOR IMPLEMENTING INVESTMENT PROJECTS FOR RENOVATION AND RECONSTRUCTION OF APARTMENT BUILDINGS

Article 6. Organization of Investigation, Survey and Quality Inspection of Apartment Buildingsiinvestigation, survey, and inspection of the qualityiof materialsthe Bureau of Enforcement;1. The Department of Construction shall take the lead and coordinate with relevant functional agencies of the locality to organize investigations and surveys of the actual conditions of apartment buildings beyond their service life as prescribed by the law on construction, and to organize quality inspections of these apartment buildings.

The organization of quality inspections of apartment buildings shall be carried out in accordance with the law on construction project quality management.

The Ministry of Construction shall provide detailed guidance on the assessment of the level of danger of structures and the inspection procedures for apartment buildings.

2. For cases where apartment buildings are truly damaged and need to be demolished and reconstructed, the Department of Construction shall issue a quality inspection conclusion document and report it to the provincial People's Committee (hereinafter referred to collectively as the provincial People's Committee) to notify the owners of the results of the inspection in writing. The notification document must be publicly announced on the provincial People's Committee's website, the Department of Construction's website, and must be published at least once in the local newspaper where the apartment building is located.

The quality inspection document must clearly state the conclusion that the apartment building is severely damaged or dangerous according to the guidelines of the Ministry of Construction as stipulated in Clause 1 of this Article.

3. In cases where a residential complex has at least one block of buildings that need to be demolished according to the notification of the provincial People's Committee, while there are also blocks of buildings that are damaged but do not yet require demolition, and the entire residential complex has a comprehensive reconstruction plan approved by competent state authorities, all these blocks of buildings shall be included in the scope of demolition and reconstruction in accordance with the comprehensive reconstruction plan for apartment buildings approved by the provincial People's Committee.

3. In cases where a condominium area has at least one building that must be demolished according to the notification document of the provincial People's Committee, and simultaneously has another block of buildings damaged but not yet required to be demolished, if such a condominium area has been approved by a competent state administrative agency for a comprehensive reconstruction plan, then all these buildings shall be included in the scope requiring demolition for synchronous renovation and reconstruction according to the planning in the renovation and reconstruction plan of condominium buildings approved by the provincial People's Committee.

Article 7. Construction and public announcement of renovation and reconstruction plans for apartment buildingsperiod1\. After organizing the quality inspection of apartment buildings, the Department of Construction shall be responsible for establishing a renovation and reconstruction plan for apartment buildings within its jurisdiction, submitting it to the provincial People's Committee for approval and publicly announcing it for a minimum period of 30 days on the provincial People's Committee's electronic portal, the Department of Construction's electronic portal, and at the offices of the district, county, town, and city People's Committees under the province (hereinafter referred to collectively as the district-level People's Committee) and the commune, ward, and town People's Committees (hereinafter referred to collectively as the ward-level People's Committee), while simultaneously notifying the residential area where the reconstruction project is located.

In cases where there are feedback comments on the renovation and reconstruction plan for apartment buildings, within a maximum period of 15 working days from the date of receipt of the feedback comments, if the approved plan does not require adjustments or supplements, the Department of Construction shall be responsible for reviewing and responding to the person who provided the feedback comments.

If there are adjustments or supplements to the renovation and reconstruction plan for apartment buildings, the Department of Construction shall be responsible for proposing solutions for review and approval by the provincial People's Committee according to its authority.

2\. The renovation and reconstruction plan for apartment buildings of localities may be established and approved separately or determined within the housing development plan of the locality.

3\. The renovation and reconstruction plan for apartment buildings in cases where apartment buildings must be demolished for renovation and reconstruction as stipulated in Article 110 of the Housing Law includes the following main contents:

a) List of heavily damaged apartment buildings, dangerous apartment buildings, and apartment buildings located in areas that must be renovated and reconstructed synchronously with housing areas designated for demolition according to the urban planning approved by competent state agencies;

b) Scope and boundaries of the area for renovation and reconstruction of apartment buildings;

c) Main planning and architectural indicators (building height; building density; land utilization coefficient) for the renovation and reconstruction area;

d) Proposed plan for arranging capital sources and models for raising funds to implement the renovation and reconstruction of apartment buildings;

đ) Timeframe and progress schedule for implementing the renovation and reconstruction of apartment buildings;

e) Responsibilities of relevant organizations and individuals in implementing the plan.

4\. Based on the renovation and reconstruction plan for apartment buildings that has been approved and publicly announced by the provincial People's Committee, the owners of apartment buildings that must be demolished for reconstruction have the responsibility to select real estate businesses to participate in investment or contribute capital to implement the project as stipulated in Article 9 of this Decree.

5\. In cases where apartment buildings are heavily damaged and apartment buildings that are not yet designated for demolition but are located in areas that must be renovated and reconstructed synchronously with housing areas designated for demolition as stipulated in Clause 1 and Clause 2 of Article 110 of the Housing Law, within a maximum period of 12 months from the date the provincial People's Committee publicly announces the renovation and reconstruction plan for apartment buildings, if the owners do not carry out the selection of real estate businesses as the project investors to demolish and renovate and reconstruct the apartment buildings, the provincial People's Committee shall be responsible for forced demolition and organizing the implementation of investment in the renovation and reconstruction of those apartment buildings according to the form prescribed in Clause 2 of Article 113 of the Housing Law.

6\. In cases where apartment buildings are dangerous, within a maximum period of three months from the date the provincial People's Committee organizes urgent relocation for demolition, if the owners do not carry out the selection of real estate businesses as the project investors, the provincial People's Committee shall be responsible for organizing the implementation of investment in the renovation and reconstruction of those apartment buildings according to the form prescribed in Clause 2 of Article 113 of the Housing Law.

6. In cases where a condominium building is dangerous, within the maximum period of three months from the date the provincial People's Committee organizes an urgent relocation for demolition, if the owners do not implement the selection of a real estate business enterprise as the investor of the project, the provincial People's Committee shall be responsible for organizing the investment in the renovation and reconstruction of the condominium building in accordance with the form prescribed in Clause 2 of Article 113 of the Law on Housing.

Article 8. Planning for Renovation and Reconstruction of Apartment Buildings

1. Planning for renovation and reconstruction of apartment buildings must ensure synchronization with technical infrastructure, social infrastructure, and integration with adjacent areas; ensure sufficient area and space (including underground structures) for public purposes.

2. The establishment, review, approval, and adjustment of planning for areas with apartment buildings that need to be demolished for renovation and reconstruction shall be carried out in accordance with laws on urban planning and laws on construction planning.

3. Based on the approved and announced renovation and reconstruction plan of apartment buildings as stipulated in Article 7 of this Decree, the provincial People's Committee shall be responsible for organizing a review of the planning of areas with apartment buildings that need to be demolished for renovation and reconstruction according to the following provisions:

a) In cases where apartment buildings that need to be demolished for renovation and reconstruction are located within areas already having district-level planning (at a scale of 1/2000 or 1/5000) which have been approved and do not require adjustment or supplementation, the implementation of the planning shall proceed as follows:

- In cases where the apartment building area or independent apartment building has a land area smaller than 2 hectares, the project investor does not need to establish detailed planning but may directly implement the establishment of investment projects for renovation and reconstruction of apartment buildings in accordance with laws on construction planning and laws on construction;

- In cases where the apartment building area has a land area of 2 hectares or more, the project investor must organize the establishment of detailed planning (at a scale of 1/500) to submit to the competent authority for approval in accordance with laws on urban planning before implementing the establishment of investment projects for renovation and reconstruction of apartment buildings.

b) In cases where apartment buildings that need to be demolished for renovation and reconstruction are located within areas without district-level planning (at a scale of 1/2000 or 1/5000) and detailed planning (at a scale of 1/500) which have been approved, or where there is existing district-level planning and detailed planning which have been approved but require adjustment or supplementation, the project investor must follow procedures to apply for planning permits for areas with apartment buildings that need renovation and reconstruction in accordance with laws on urban planning before implementing the establishment of investment projects for renovation and reconstruction of apartment buildings.

4. Within the latest 30 days from the date of approval of the detailed planning for reconstruction of apartment buildings as stipulated in Clause 3 of this Article, the Department of Construction (or the Department of Urban Planning and Architecture for localities with such departments) shall be responsible for announcing the planning publicly for a minimum period of 30 days at the offices of the departments and their electronic information portals, as well as at the offices of the district-level People's Committees and ward-level People's Committees where the investment projects for renovation and reconstruction of apartment buildings are located.

5. Based on the overall planning and detailed planning of areas with apartment buildings that need to be demolished for renovation and reconstruction, which have been approved by the competent authorities, the provincial People's Committee shall decide on allowing adjustments to increase the land use coefficient, building height, ensuring connections to infrastructure systems, and architectural space suitability in accordance with the approved planning and the investment efficiency of the project.

In cases where adjustments to increase the land use coefficient and building height are made when renovating and reconstructing apartment buildings in inner-city areas of cities that, according to the overall planning approved by the competent authorities, are designated as areas requiring restrictions on high-rise construction, reduction in building density, and population density, such adjustments must be reviewed and approved by the Prime Minister.

6. Content for Public Disclosure of Detailed Planning for Renovation and Reconstruction of Apartment Buildings:

a) Name of the apartment complex or independent apartment building;

b) Location of the project;

c) Current situation, characteristics, boundaries, land area, and population of the area;

d) Planning and architectural indicators after renovation and reconstruction, including: Building height; building density; land use coefficient; residential area and service-commercial facilities area; technical infrastructure, social infrastructure, green spaces, and other public facilities (if any); requirements for architectural space organization; landscape, environment, and requirements for urban technical infrastructure connection indicators (including underground structures);

đ) Timeframe and progress schedule for reconstruction and phased investment plans (if applicable).

3. Amend Clause 3 Article 2 as follows:iArticle 9. Selection of Project Investors for Renovation and Reconstruction of Apartment Buildings

1. Procedures and processes for selecting project investors in cases where real estate businesses participate in capital investment or contribution to demolition for renovation and reconstruction in accordance with the form prescribed in Clause 1 of Article 5 of this Decree:

a) After the renovation and reconstruction plan of apartment buildings is published as stipulated in Clauses 1, 2, and 3 of Article 7 of this Decree, the provincial People's Committee shall direct the Department of Construction to compile a list of real estate businesses meeting the conditions and capabilities to act as project investors, introduce them to the owners of apartment buildings that need to be demolished, renovated, and reconstructed, and organize the selection of investors;

b) The list of real estate businesses introduced by the Department of Construction must be publicly disclosed at the offices of the ward-level People's Committees and neighborhood associations where the apartment buildings are located for a minimum of 15 working days prior to organizing the Apartment Owners' Meeting to select project investors;

c) Apart from the list introduced by the Department of Construction, other real estate businesses are permitted to directly register with the owners of apartment buildings that need to be demolished for renovation and reconstruction to introduce themselves to the Apartment Owners' Meeting for consideration and selection as investors participating in the renovation and reconstruction projects;

d) The management board of the apartment building or the district-level People's Committee for apartment buildings without a management board shall be responsible for sending invitations to all owners of apartment buildings to chair the Apartment Owners' Meeting to consider and decide on the selection of investors according to the following principles:

- The selection of investors to participate in implementing the project for renovating and reconstructing apartment buildings shall be conducted through majority voting by ballot or vote, recorded in minutes signed by the meeting's chairperson and secretary of the Apartment Building Meeting;

- In cases where apartment buildings must be demolished and part of their area belongs to the state, the representative of the owner of that portion shall participate in the Apartment Building Meeting;

- The Apartment Building Meeting may invite experts to provide advisory services to help the owners of apartment buildings select investors. The cost of hiring these advisors shall be agreed upon by the relevant parties and borne by the owners of the apartment buildings;

- The Apartment Building Meeting must ensure that at least 70% of the total number of apartment owners attend;

- The owners of apartment buildings shall base their examination and selection of the project investor on the application registration dossier submitted by real estate businesses and the compensation, support, and resettlement plan proposed by such businesses. The business applying to participate in the project shall be responsible for submitting the application registration dossier according to the guidelines of the Ministry of Construction, along with the compensation, support, and resettlement plan stipulated in Article 116 of the Housing Law and Clause 1 of Article 14 of this Decree, for the consideration of the meeting participants;

d) If only one business registers to participate, that business will be selected to report to the Provincial People's Committee for examination and approval if it receives the agreement of at least 51% of the total number of apartment owners;

e) If more than one business registers to participate, the business selected to report to the Provincial People's Committee for examination and approval shall be the one receiving the highest rate of agreement from the apartment owners at the Apartment Building Meeting;

g) If more than three businesses submit participation registration dossiers, the Management Board of the Apartment Building (or the representative group of owners for apartment buildings without a Management Board) shall take the lead and coordinate with the advisory expert team (if any) to organize a preliminary selection to choose up to three businesses to report to the Apartment Building Meeting for examination and selection of the project investor;

h) If the Apartment Building Meeting fails to select an investor at the first meeting, within a maximum period of 30 days following the date of the first Apartment Building Meeting, the Management Board or the District People's Committee shall be responsible for organizing the next Apartment Building Meeting to select the investor and unify the compensation, support, and resettlement plan as stipulated in Point d of this Clause;

i) After the result of selecting the business as the project investor is obtained, the chairperson of the Apartment Building Meeting shall prepare a report on the proposal to select the project investor, accompanied by the compensation, support, and resettlement plan of the selected real estate business, and send it to the Construction Department where the project is located;

Within 20 working days from the date of receipt of the report, the Construction Department shall be responsible for reviewing the plan to select the project investor, accompanied by the compensation, support, and resettlement plan, and submitting it to the Provincial People's Committee for examination and approval. Within 10 working days from the date of receipt of the review document from the Construction Department, the Provincial People's Committee shall be responsible for examining and issuing a document approving the project investor, while also approving the compensation, support, and resettlement plan;

k) After the decision approving the project investor and the compensation, support, and resettlement plan is issued by the Provincial People's Committee, all owners of apartment buildings (including those remaining owners who did not agree with the plan presented and approved by the Apartment Building Meeting and the Provincial People's Committee) shall be responsible for complying with the contents approved by the Provincial People's Committee. The Provincial People's Committee shall be responsible for organizing forced relocation for cases that do not comply with the approved project investor and compensation, support, and resettlement plan according to its authority;

l) If, within 90 days from the date of the document selecting the project investor, the investor does not implement the steps required by the laws on construction and housing for the assigned project due to reasons caused by the investor, the Provincial People's Committee shall decide to revoke the approval document for the project investor and direct the organization of the Apartment Building Meeting to reselect the project investor;

2. In cases where the State directly invests in renovating and reconstructing apartment buildings under the form prescribed in Point a, Clause 2, Article 5 of this Decree, the Construction Department shall be responsible for reporting to the Provincial People's Committee to decide on selecting the project investor in accordance with the laws on public investment, housing laws, and related laws;

3. In cases where the State implements the build-transfer (BT) contract form with investors as prescribed in Point b, Clause 2, Article 5 of this Decree, the Construction Department shall report to the Provincial People's Committee to decide on selecting the investor through public bidding or direct assignment in accordance with the laws on housing and the laws on public bidding.

Article 10. Establishment, review, approval, and implementation of projects for renovation and reconstruction of apartment buildings

1. The establishment, review, approval, and management of implementation of projects for renovation and reconstruction of apartment buildings shall be carried out in accordance with the provisions of laws on construction and related laws.

2. The proposal dossier, procedures, and formalities for requesting approval of investment decision for projects for renovation and reconstruction of apartment buildings shall be implemented in accordance with the provisions of laws on investment, laws on housing, and related laws.

3. The implementation of projects, including design work, organization of construction, acceptance and operation of works within the scope of projects for renovation and reconstruction of apartment buildings, shall be carried out in accordance with the provisions of laws on construction and related laws.

Article 11. Implementation of demolition of apartment buildings

1. In cases where real estate businesses invest capital or contribute capital with owners of apartment buildings to renovate and reconstruct apartment buildings as stipulated in Clause 1, Article 5 of this Decree, the project investor shall be responsible for organizing the demolition according to the following regulations:

a) The project investor shall carry out the demolition of apartment buildings themselves if they have sufficient capacity as prescribed by laws on construction, or hire organizations or individuals with construction capacity to carry out the demolition.

b) Before carrying out the demolition, the investor must organize the preparation of a demolition plan for apartment buildings in accordance with the provisions of Point c of this Clause and submit it to the Department of Construction for review and approval. Within thirty days from the date of receipt of the demolition plan for apartment buildings proposed by the investor, the Department of Construction shall be responsible for reviewing and approving the demolition plan.

c) Main contents of the demolition plan:

- Name of the project (or construction) to be demolished;

- Location of the project implementation;

- Quantity, volume, scale of the demolition construction;

- Technical solutions, construction methods to implement the demolition;

- Solutions to ensure labor safety, hygiene, and environment;

- Number of personnel and types of construction vehicles and machinery to implement the demolition;

- Time frame and progress of the demolition;

- Other relevant contents (if any).

2. In cases where the State implements investment for renovation and reconstruction of apartment buildings as stipulated in Clause 2, Article 5 of this Decree, the project investor selected by the Provincial People's Committee shall be responsible for organizing the demolition of such apartment buildings according to the procedures and formalities prescribed in Clause 1 of this Article.

3. In cases where dangerous apartment buildings must be forcibly demolished urgently according to the decision of the Provincial People's Committee, the Department of Construction shall be responsible for proposing relocation plans, temporary accommodation arrangements, and urgent forced demolition plans to be submitted to the Provincial People's Committee for approval.

Section 2

REGULATIONỀN AND THE RESPONSIBILITIES OF THE PROJECT INVESTOR AND OWNERS OF APARTMENT BUILDINGS WHEN IMPLEMENTING PROJECTS FOR RENOVATION AND RECONSTRUCTION OF APARTMENT BUILDINGSThe decision to switch the issuance of coats, overcoats, windbreakers, and down jackets to other uniforms for civil servants working at the National Market Management and Development Agency is decided by the Minister of Industry and Trade.CONDOMINIUM

Article 12. Rights and responsibilities of the project investorconcerning the classification and determination of state management authority in the field of crop production for renovation and reconstruction of apartment buildingsi 1. Rights of the project investor for renovation and reconstruction of apartment buildings:

a) Request relevant agencies and organizations to fulfill procedures in accordance with the law during the process of establishing, reviewing, approving, and implementing projects for renovation and reconstruction of apartment buildings;

b) Lease, lease-purchase, sell residential houses and service facilities (if any) within the scope of the project; implement fundraising, collect rental fees, lease-purchase fees, and sale proceeds of residential houses and service facilities (if any) in accordance with the Law on Housing and the Law on Real Estate Business for the area of service facilities that the investor is permitted to operate and the remaining residential house area, after arranging resettlement according to the agreed plan with the owners of apartment buildings and approved by the Provincial People's Committee;

c) Be allowed to manage and operate the technical infrastructure system within the scope of the project according to the investment decision of the competent state agency;

d) Request the competent state authority to issue certificates of land use rights, ownership of houses, and other assets attached to the land for houses built in the project to arrange on-site resettlement for owners and houses, construction works permitted to transfer to other owners in accordance with the laws on housing and laws on real estate business;

đ) Be supported by the Provincial People's Committee in terms of capital and temporary housing fund (if any), and enjoy mechanisms and policies as prescribed in this Decree and related laws during the implementation of the project;

e) Implement other rights in accordance with laws on construction, laws on land, and related laws.

2. Responsibilities of the project investor for renovation and reconstruction of apartment buildings:

a) Fulfill the responsibilities of the project investor as stipulated in Clauses 1, 2, 3, 5, 6, 7, 8, 9, and 10 of Article 26 of the Law on Housing;

b) Arrange temporary accommodation, compensation, and support for resettlement for owners of apartment buildings to be demolished in accordance with the Law on Housing, this Decree, and related laws;

c) Fulfill financial obligations and other obligations as prescribed in this Decree and related laws.

c) Fulfill financial obligations and other obligations as stipulated in this Decree and relevant laws.

Article 13. Rights and responsibilities of the owner of a condominium building related to investment projects for renovation and reconstruction of condominium buildings

1. Rights of the owner of a condominium building:

a) The right to participate in selecting real estate business enterprises investing capital or contributing capital to invest in renovating and reconstructing condominium buildings;

b) The right to choose forms of compensation, resettlement in place, or other forms of housing arrangements for resettlement as prescribed in Article 14 of this Decree;

c) The right to be issued a Certificate of Land Use Right, House Ownership Right, and Other Assets Attached to Land by the competent authority according to the provisions of the law for houses that have been arranged for resettlement;

d) The right to participate in supervising the implementation process of the project according to the provisions of the law;

đ) The right to request the competent authority to change the project investor in cases where the investor does not implement the contents and progress of the project as approved by the competent state agency. Changing the investor must be approved by the Condominium Meeting and reported to the Provincial People's Committee for consideration and approval.

2. Responsibilities of the owner of a condominium building:

a) Comply with relocation to carry out clearance and demolition of houses and construction works within the scope of the project according to the plan approved by the competent authority;

b) Create conditions for the project investor and construction contractor to implement the project according to the contents approved by the competent authority;

c) Fulfill obligations when applying for issuance of a Certificate of Land Use Right, House Ownership Right, and Other Assets Attached to Land according to the provisions of the law.

Article 14. Compensation, Support, and Resettlement Plan

1. Compensation, support, and resettlement plan for cases where real estate business enterprises invest capital or contribute capital together with condominium owners to implement projects for renovating and reconstructing condominium buildings:

a) The compensation, support, and resettlement plan must be specifically determined for each condominium owner, including the following main contents:

- Name and address of the owner;

- Area of the old apartment and other areas (if any), location of the owner's apartment; in cases where the old apartment has ancillary facilities outside the original design, such ancillary area will be included in the total area of the old apartment when arranging resettlement;

- Number of household registrations and number of residents in the apartment to be demolished and resettled;

- Resettlement arrangement: Area and location of the new apartment allocated for resettlement (the owner does not need to pay); area and location of additional apartments that the owner can purchase (if applicable) in cases where the old apartment has two or more household registrations;

- Temporary resettlement arrangement: Financial assistance or allocation from temporary housing fund (specifying the area and location of the temporary apartment for the owner);

- Other contents agreed upon by the real estate business enterprise and the condominium owner related to resettlement and temporary resettlement (if applicable);

b) Soliciting opinions on the compensation, support, and resettlement plan shall be carried out concurrently with the process of selecting the investor at the Condominium Meeting as prescribed in Clause 1 of Article 9 of this Decree;

c) The procedure for submitting the compensation, support, and resettlement plan to the Provincial People's Committee for approval shall be conducted simultaneously with the process of submitting the plan for selecting the investor for the project to renovate and reconstruct condominium buildings as prescribed in Clause 1 of Article 9 of this Decree;

d) Based on the compensation, support, and resettlement plan approved by the Provincial People's Committee, the real estate business enterprise and the condominium owner shall sign contracts for resettlement and temporary resettlement with each condominium owner according to the model guided by the Ministry of Construction.

2. Compensation, support, and resettlement plan for cases where the State invests in renovating and reconstructing condominium buildings:

a) The project investor selected by the Provincial People's Committee is responsible for organizing the preparation of the compensation, support, and resettlement plan for each condominium owner to be submitted to the Department of Construction for review before being submitted to the Provincial People's Committee for approval. The contents of the compensation, support, and resettlement plan include the following main contents:

- Name and address of the owner;

- Number of household registrations and number of residents in the apartment to be demolished and resettled;

- Area of the old apartment and other areas (if any), location of the owner's apartment; in cases where the old apartment has ancillary facilities outside the original design, such ancillary area will be included in the total area of the old apartment when arranging resettlement;

- Area and location of the new apartment allocated for resettlement (the owner does not need to pay); area and location of additional apartments that the owner can purchase according to the price set by the Provincial People's Committee (if applicable) in cases where the old apartment has two or more household registrations;

- Bases for calculating resettlement, including: Price of the old apartment, price of the new apartment, value difference between the new and old apartments;

- Temporary resettlement arrangement: Financial assistance or allocation from temporary housing fund (specifying the area and location of the temporary apartment for the owner);

- Other relevant contents (if any).

b) Within ten working days from the date of receipt of the compensation, support, and resettlement plan from the investor, the Department of Construction is responsible for reviewing and reporting to the Provincial People's Committee for approval of the compensation, support, and resettlement plan. Within seven working days from the date of receipt of the review report from the Department of Construction, the Provincial People's Committee is responsible for considering and approving the compensation, support, and resettlement plan;

c) In cases where condominium buildings are dangerous and require urgent demolition, the Provincial People's Committee directs the organization to implement urgent forced demolition of the buildings according to Clause 3 of Article 11 of this Decree. After the demolition, the project investor selected by the Provincial People's Committee is responsible for preparing the compensation, support, and resettlement plan to be submitted to the Provincial People's Committee for approval. The procedures for preparing, reviewing, and approving the compensation, support, and resettlement plan shall be implemented according to Points a and b of this Clause.

3. In cases where the condominium owner does not have a need for resettlement in place, the resettlement arrangement shall be implemented according to Article 36 of the Law on Housing. If the condominium owner receives compensation in cash and has a need to purchase, lease, or lease-purchase social housing, it shall be resolved according to the provisions of the law on the development and management of social housing.

4. For social infrastructure works within the scope of the project (if any), compensation and support shall be carried out in accordance with the provisions of the land law.

5. In cases where houses or construction works have been illegally extended or constructed on encroached land, they shall not be compensated but only supported in accordance with the provisions of the land law. If eligible to purchase, lease, or lease-purchase social housing, such cases shall be resolved in accordance with the provisions of the housing law.

6. The costs for serving the temporary resettlement of housing shall be recorded as part of the expenses for implementing the investment project to renovate and rebuild apartment buildings.

Chapter III

SOME MECHANISMS AND POLICIES APPLICABLE TO THE PROJECT FOR RECONSTRUCTING APARTMENT BUILDINGS

Article 15. Mechanisms and policies regarding land

A real estate business that is the investor of the project for renovating and reconstructing apartment buildings shall enjoy the following mechanisms and policies:

1. Being granted land by the State and permitted to change the purpose of land use for the area within the project site for renovating and reconstructing apartment buildings in accordance with the provisions of the land law.

2. The procedures and formalities for land recovery, allocation, and permission to change the purpose of land use for apartment buildings that must be demolished for renovation and reconstruction shall be carried out in accordance with the provisions of the land law.

3. Being allowed to change the purpose of using part of the land area within the project to meet the needs of business and service operations based on ensuring compliance with the planning and investment policy decision approved by the competent state authority.

4. Being exempted from land use fees, land rental fees, and fees for changing the purpose of land use (if applicable) for the entire area of land allocated within the project (including the portion of land permitted to change the purpose of use as stipulated in Clause 3 of this Article).

Article 16. Mechanisms and policies for mobilizing investment capital

1. A real estate business that is the investor of the project for renovating and reconstructing apartment buildings may mobilize the following sources of capital:

a) Capital owned by the investor;

b) Capital raised through forms of equity contribution, joint investment, joint business, joint venture, and collaboration with organizations, households, and individuals;

c) Money paid for purchasing, leasing, or lease-purchasing future housing units and commercial areas within the project (after relocation);

d) Loans from credit institutions and financial organizations operating in Vietnam;

đ) Loans from the Housing Development Fund and other local funds (if available) to implement the project.

2. In cases where the owner of an apartment building receives a new unit and must pay additional area difference fees, they may borrow from credit institutions and financial organizations operating in Vietnam; loans from the Housing Development Fund and other local funds (if available) according to the provisions of the credit and finance laws to settle the amount of additional fees payable.

3. The project investor is permitted to operate in accordance with the housing law regulations for remaining housing areas (after relocation) and commercial areas within the project (if any) based on the approved planning scheme and investment policy decision issued by the competent state authority.

3. Amend Clause 3 Article 2 as follows:iArticle 17. Other preferential mechanisms and policies

1. The project investor is permitted to adjust the land use coefficient and increase the height of the construction as provided for in Clause 5 of Article 8 of this Decree.

2. Being provided with free sample designs and typical designs for housing as well as scientific and technological advancements in construction and installation to ensure reduced construction costs; applying self-execution if having sufficient capacity as prescribed by law.

3. Being designated to bid for tenders that need to be implemented immediately in accordance with the tendering law.

4. In cases where the owner is compensated with a new house, there is no need to pay the stamp duty when issuing the Certificate of Land Use Right, House Ownership, and Other Property Rights Attached to the Land according to the stamp duty law.

5. In cases where the user of a state-owned apartment building (not yet converted to private ownership) falls under the category of demolition for renovation and reconstruction, the mechanism and policy shall be implemented as follows:

a) Continuing to allocate rental units in newly renovated and reconstructed apartment buildings at the same location with equivalent area;

b) Considering and resolving the purchase of new units in accordance with the state-owned housing management and utilization law;

c) Considering and resolving the purchase, lease, or lease-purchase of social housing within the jurisdiction in accordance with the housing law (if needed).

6. In cases where a real estate business is decided by the provincial People's Committee to be the investor of the project for renovating and reconstructing apartment buildings as stipulated in Clause 2 of Article 9 of this Decree, the business shall enjoy a fixed profit rate of 10% of the total investment amount of the project.

Chapter IV

IMPLEMENTING PROVISIONS

Article 18. Transitional Provisions

1. In cases where the application for approval of the investment policy or the decision on the investment policy for the project for renovating and reconstructing apartment buildings was submitted before the effective date of this Decree, but the competent authority has not yet issued the decision, the approval or decision on the investment policy shall be made according to the authority prescribed by the housing law and this Decree.

2. In cases where the project for renovating and reconstructing apartment buildings has been approved before the effective date of this Decree, it does not need to be re-approved according to this Decree.

3. In cases where the investor has completed the procedures for approving the project for renovating and reconstructing before the effective date of this Decree, but the competent authority has not yet approved the project, the project shall be approved according to the housing law and this Decree; in cases where the competent authority has already approved the compensation, support, and resettlement plan before the effective date of this Decree, the implementation shall continue according to the approved plan.

4. In cases where the project has already selected the investor, but on the date this Decree takes effect, it has not yet been approved by the competent authority, the selection of the investor and the approval of the compensation, support, and resettlement plan shall be carried out in accordance with the provisions of this Decree.

5. In cases where the project has been approved, but exceeds the period of twelve months from the date of approval and the investor does not commence implementation or has commenced but is delayed more than twenty-four months compared to the approved schedule due to reasons attributable to the investor, the People's Committee of the province shall issue a decision to revoke the project and assign it to another investor to undertake its implementation in accordance with the provisions of this Decree.

6. For projects for renovation and reconstruction of apartment buildings that are currently being implemented and whose incentives for investors are lower than those stipulated in this Decree, the project investors shall enjoy the incentives and policies specified in this Decree.

3. Amend Clause 3 Article 2 as follows:iArticle 19. Responsibilitiesệ1. This Circular takes effect from July 8, 2016.

1. The Ministry of Construction shall be responsible for:

a) To promulish detailed guidance on the assessment of the level of danger of structures and the inspection procedures for the quality of apartment buildings as prescribed in Clause 1, Article 6 of this Decree; to detail the application registration dossier for participating in projects as prescribed in Point d, Clause 1, Article 9 of this Decree; to detail the contents and model contracts for resettlement as prescribed in Point d, Clause 1, Article 14 of this Decree;

b) To take the lead and coordinate with relevant ministries and sectors to monitor, urge, inspect, and compile regular reports to the Prime Minister on the situation of the renovation and reconstruction of apartment buildings;

c) To study amendments and supplements to mechanisms and policies related to the demolition, renovation, and reconstruction of apartment buildings to promulish within their authority or submit to the competent authorities for consideration and promulgation.

2. Ministries and sectors within the scope of their assigned functions and tasks shall have the responsibility to promulish new or amend and supplement regulations within their authority related to the demolition of apartment buildings for renovation and reconstruction in accordance with the provisions of this Decree.

3. Provincial People's Committees directly under the Central Government shall have the responsibility:

a) To allocate funds and direct competent agencies to organize investigations, surveys, and inspections of the quality of apartment buildings within their jurisdiction, including independent apartment buildings and apartment complexes that have exceeded their service life and are severely damaged and dangerous, to develop plans for renovation and reconstruction and tasks assigned in Clause 1 and Clause 2, Article 99 of the Law on Housing;

b) To direct competent agencies to organize the preparation, review, and submission for approval or adjustment of urban planning and construction planning to implement investment projects for the renovation and reconstruction of apartment buildings;

c) To organize the preparation, approval, and publication of plans for the renovation and reconstruction of apartment buildings within their jurisdiction in accordance with the provisions of this Decree and report to the Ministry of Construction for monitoring and compilation;

d) To organize the preparation, review, and approval of planning and allocation of new land funds to implement projects for developing resettlement housing for households and individuals who must be relocated in apartment buildings designated for demolition for renovation and reconstruction;

đ) To promulish within their authority specific regulations and mechanisms and policies suitable to local conditions to implement the demolition of apartment buildings for renovation and reconstruction within their jurisdiction;

e) To organize the enforcement of relocation against owners of apartment buildings who do not comply with the selection of investors and compensation, support, and resettlement plans approved by the provincial People's Committee and to perform tasks assigned according to the provisions of this Decree and relevant laws.

3. Amend Clause 3 Article 2 as follows:iArticle 20.iEffective Date

1. This Decree shall take effect from December 10, 2015.

2. Resolution No. 34/2007/NQ-CP dated July 3, 2007 of the Government on measures to implement the renovation and reconstruction of old apartment buildings that are damaged and deteriorated shall cease to be effective from the date this Decree takes effect.

3. Contents related to the work of demolition, renovation, and reconstruction of apartment buildings stipulated in Government Decrees, Prime Minister's Decisions, and regulatory legal documents issued by ministries, sectors, and provincial People's Committees before the date this Decree takes effect which contradict the provisions within the scope of regulation of this Decree shall be implemented in accordance with the provisions of this Decree.

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.