Decree No. 98/2024/ND-CP detailing certain provisions of the Law on Housing regarding the renovation and reconstruction of apartment buildings

DECREE

Detailed regulations on some provisions of the Housing Law regarding renovation and reconstruction of apartment buildings

Amending and supplementing certain articles of the Land Law No. 31/2024/QH15, the Housing Law No. 27/2023/QH15, the Real Estate Business Law No. 29/2023/QH15, and the Law on Credit Institutions No. 32/2024/QH15 dated June 29, 2024;

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Urban Planning Law dated June 17, 2009;

Pursuant to the Law on Public Investment dated June 13, 2019;

Pursuant to the Law on Construction dated June 18, 2014; the Law Amending and Supplementing Certain Provisions of the Law on Construction dated June 17, 2020;

Pursuant to the Investment Law dated June 17, 2020;

Pursuant to the Housing Law dated November 27, 2023;

Pursuant to the Law on Bidding dated June 23, 2023;

Pursuant to the Land Law dated January 18, 2024;

Pursuant to the Law The Government promulgates this Decree to provide detailed regulations on some provisions of the Housing Law regarding renovation and reconstruction of apartment buildings.

At the proposal of the Minister of Construction;

Clause 6, Article 72 concerning the establishment and approval of plans for the renovation and reconstruction of apartment buildings, investment in construction projects; relocation, forced relocation of owners and users of apartment buildings; compensation, support, resettlement, temporary accommodation arrangements; contribution of funds by owners to reconstruct apartment buildings;

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree details and guides the implementation of certain provisions of the Housing Law No. 27/2023/QH15 (hereinafter referred to as the Housing Law) regarding renovation and reconstruction of apartment buildings, including:

a) Clause 2, Article 34 on the stages of investment projects for construction of housing;

b) Clause 11, Article 60 on agreements for transferring land use rights to implement investment projects for renovation and reconstruction of apartment buildings;

c) Clause 3, Article 63 on preferential mechanisms for investors of projects for renovation and reconstruction of apartment buildings;

d) Clause 6, Article 68 on selecting investors for projects for renovation and reconstruction of apartment buildings;

đ) Clause 6, Article 69 on the dossier, procedures, and processes for approving the investment proposal for projects for renovation and reconstruction of apartment buildings;

e) Point b, Clause 7, Article 70 on compensation for the value of land use rights and the remaining value of apartments for owners of apartment buildings;

g) Clause 8, Article 70 on compensation, support, resettlement, and temporary accommodation for areas other than apartment buildings within the apartment building area that must be renovated and reconstructed;

2. In cases where forced relocation and demolition of apartment buildings for land recovery purposes for national defense, security, public interest, or when the investor agrees to purchase or take over the entire apartment building attached with land use rights to implement housing construction projects or other construction projects according to approved planning, which does not fall under Article 60, Clause 11 of the Housing Law, such actions shall be carried out in accordance with relevant laws on housing and related laws without following the provisions of this Decree.

i) Clause 2, Article 191 on transitional provisions for projects for renovation and reconstruction of apartment buildings.

1. Organizations, households, individuals within the country, overseas Vietnamese citizens, overseas Vietnamese origin persons, and foreign organizations and individuals who are related to the renovation and reconstruction of apartment buildings in Vietnam.

Article 2. Applicability

1. An independent investment project for the renovation and reconstruction of apartment buildings is a project aimed at demolishing an independent block of apartment buildings (block) or multiple blocks sharing the same structural design or technical system on a plot of land designated for demolition according to the Housing Law to construct new apartment buildings, commercial, and service facilities (if applicable) with the goal of resettlement or combined resettlement and commercial housing, service, and commercial activities as stipulated in this Decree.

2. State management agencies related to the renovation and reconstruction of apartment buildings in Vietnam.

Article 3. Explanation of Terms

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

2. An investment project for the renovation and reconstruction of apartment complexes is a project aimed at demolishing two or more independent blocks of apartment buildings specified in Clause 1 of this Article on the same plot of land, including individual houses and existing facilities (if any), to reconstruct apartment complexes and other facilities in a coordinated manner based on approved planning to achieve the goals of resettlement or combined resettlement and commercial housing, service, and commercial activities as stipulated in this Decree.

3. Consolidating apartment buildings for renovation and reconstruction involves relocating owners and users of apartment buildings from two or more independent apartment buildings specified in Clause 1 of this Article within the same commune or district administrative area or adjacent districts to construct new apartment buildings at one or two locations where consolidated apartment buildings are situated, aiming to resettle all owners and users of apartment buildings required to be relocated.

4. On-site resettlement refers to the provision of housing and other areas (if any) to owners and users of apartment buildings required to be relocated and resettled at the location of the demolished plot of land for reconstruction within the scope of the investment project for the renovation and reconstruction of apartment buildings.

5. Resettlement at another location refers to the provision of housing and other areas (if any) to owners and users of apartment buildings required to be relocated and resettled but at a different location within the same commune or district administrative area or adjacent districts.

6. Users of apartment buildings are those currently renting housing under contracts or allocation documents or other papers proving the use of housing assets under the State's property according to housing laws or those entitled to inherit housing according to inheritance laws.

8. Agreement on transfer of land use rights refers to the unified agreement of apartment building owners to transfer their land use rights to the project investor through a land use rights transfer agreement as stipulated in Article 60, Clause 11 of the Housing Law and this Decree.

7. Investor of a project for renovating and reconstructing apartment buildings is an organization selected or determined according to one of the forms prescribed in Article 68 of the Housing Law and the provisions of this Decree.

9. The scope of an independent investment project for the renovation and reconstruction of apartment buildings, an investment project for the renovation and reconstruction of apartment complexes (hereinafter referred to collectively as renovation and reconstruction projects of apartment buildings) is the land use scope determined by competent state agencies in detailed planning or in the content of investment project approval decisions.

2. The agency receiving applications is responsible for checking the validity of the application files and may not require investors to submit additional documents beyond those specified in the application file according to the Housing Law and this Decree; submission of application files by organizations and individuals to carry out administrative procedures according to this Decree can be done directly, through postal services, or online.

Article 4. Principles for handling administrative procedures related to the renovation and reconstruction of apartment buildings

1. The investor shall be responsible under the law for the legality, accuracy, and honesty of the contents of the dossier components submitted to the competent state agency.

3. In cases where there is a need to amend and supplement application files during the processing of administrative procedures, the agency receiving applications will notify the investor once in writing about the contents that need to be amended and supplemented for each application file and the deadline for amending and supplementing the application file. If the investor fails to amend and supplement the application file within the deadline, the agency receiving applications will consider suspending the processing of the application file and notify the investor in writing of the specific reasons.

4. In cases where clarification of the contents in the application files is required, the agency receiving applications will notify the investor in writing and clearly specify the deadline for clarification. If the investor fails to clarify as requested within the deadline, the agency receiving applications will consider suspending the processing of the application file and notify the investor in writing of the specific reasons.

In case there is a request to explain the contents in the dossier, the agency receiving the dossier shall notify the investor in writing and specify the deadline for explanation. If the investor fails to provide the required explanation within the specified period, the agency receiving the dossier may consider suspending the processing of the dossier and notify the investor in writing of the specific reasons.

4. The time for amending, supplementing, and explaining the dossier as prescribed in Clause 2 and Clause 3 of this Article shall not be counted towards the time limit for handling administrative procedures as stipulated in the Law on Housing and this Decree.

5. The process of soliciting opinions among state agencies during the handling of dossiers for administrative procedures shall be carried out as follows:

a) The agency soliciting opinions must determine the content of the request for opinion that is appropriate to the functions and responsibilities of the agency being solicited and the deadline for responding in accordance with the Law on Housing and this Decree;

b) Within the time limit specified in point a of this clause, the agency requested for comments shall be responsible for replying and shall bear responsibility for the content of the comments within the functions and tasks of that agency; if there is no reply beyond the prescribed time limit, it shall be deemed to have agreed with the content within the scope of management of that agency.

6. The agency receiving and processing administrative procedures for the project to renovate and reconstruct apartment buildings shall not be responsible for the contents in documents and papers included in the file which have been approved, examined, or resolved by other competent authorities prior to the current process.

Article 5. Principles for developing plans to renovate and rebuild apartment buildings

1. Provincial People's Committees (hereinafter referred to as provincial People's Committee) may establish and approve plans for renovating and reconstructing apartment buildings collectively in the provincial housing development plan in accordance with the laws on housing; if such plans for renovating and reconstructing apartment buildings are established collectively in the provincial housing development plan, they must include the contents stipulated by the laws on housing.

For projects to renovate and reconstruct apartment buildings, the provincial People's Committee shall organize the establishment and approval of separate plans for renovating and reconstructing apartment buildings in accordance with Article 7 and Article 8 of this Decree.

2. Every six months, the provincial housing management agency shall be responsible for organizing, in collaboration with local functional agencies and district-level People's Committees (hereinafter referred to as district-level People's Committee), the review, inspection, and evaluation of the quality of apartment buildings in accordance with Clause 3 of Article 58 of the Law on Housing within their jurisdiction, serving as the basis for adjusting the provincial housing development plan and establishing and approving separate plans for renovating and reconstructing apartment buildings in accordance with this Decree.

3. The criteria for evaluating the quality of apartment buildings stipulated in Article 59 of the Law on Housing to be incorporated into plans for renovating and reconstructing apartment buildings shall be determined through the safety assessment procedures for construction works during operation and use issued by the Minister of Construction.

Chapter II
STAGES OF INVESTMENT AND CONSTRUCTION OF PROJECTS TO RENOVATE,

RECONSTRUCT APARTMENT BUILDINGS

Section 1
PREPARATION STAGE OF THE PROJECT

Article 6. Detailed planning for projects to renovate and rebuild apartment buildings

1. The detailed planning of the area implementing projects to renovate and rebuild apartment buildings must ensure comprehensive solutions consistent with urban renovation and beautification efforts and comply with urban planning.

2. The competent state agency shall be responsible for establishing, approving, and adjusting detailed planning for projects to renovate and reconstruct apartment buildings or detailed planning under simplified procedures (hereinafter referred to as detailed planning) to serve as the basis for implementing the project. Projects to renovate and reconstruct apartment buildings do not need to allocate land area for social housing construction.

3. Based on the actual location of independent apartment buildings subject to demolition but unable to be invested in reconstructing apartment buildings or can be reconstructed but cannot ensure the economic and social efficiency of the project, when organizing the establishment and approval of planning, the provincial People's Committee decides on consolidation solutions for apartment buildings to ensure the economic and social efficiency and environmental impact of the project, linked to urban renovation and beautification.

In cases where the area of the project to renovate and reconstruct apartment buildings does not meet the population index requirements according to the overall planning or the approved district planning, the authority approving the planning may adjust the detailed planning of the project to modify the function of the building or land use in the project to ensure the economic and social efficiency of the project.

4. When approving detailed planning to implement projects to renovate and reconstruct apartment buildings, the authority approving the planning must determine the scope of the project to renovate and reconstruct apartment buildings in accordance with Clause 9 of Article 3 of this Decree.

5. The procedures and steps for establishing, examining, approving, and adjusting detailed planning for projects to renovate and reconstruct apartment buildings shall be carried out in accordance with the laws on urban planning, laws on construction, and laws on housing.

Article 7. Plan for Renovation and Reconstruction of Apartment Buildings

1. Based on the list of apartment buildings and residential complexes that must be demolished for reconstruction according to the inspection conclusions, detailed planning schemes for renovation and reconstruction projects, and provincial housing development programs, the Provincial People's Committee shall organize the formulation of plans for the renovation and reconstruction of apartment buildings for each renovation and reconstruction project of apartment buildings, which include the contents specified in Clause 2 of this Article.

2. The plan for the renovation and reconstruction of apartment buildings shall be established separately for each project and shall include the following contents:

a) Assessing the current status of apartment buildings and residential complexes; the situation of apartment building usage by owners and users based on sociological surveys and actual investigations at apartment buildings and residential complexes that need renovation and reconstruction;

b) Name and location of apartment buildings and residential complexes to be renovated and reconstructed, including the determination of demolition timeframes for each type of apartment building as stipulated in Clause 2 of Article 59 of the Housing Law;

In cases where residential complexes are being renovated and reconstructed, it is necessary to estimate the time required for relocation, demolition, and reconstruction of the first apartment building in the complex, as well as the time required for relocation, demolition, and reconstruction of the remaining apartment buildings within the complex;

c) Preliminary estimation of the scope and scale of the renovation and reconstruction project according to the detailed planning approved by the competent authority;

d) Preliminary estimation regarding compensation, support, resettlement, and temporary accommodation arrangements, as well as resettlement arrangements;

đ) Estimation of the implementation timeframe and completion timeframe for the project;

e) Estimating the funding sources to implement the renovation and reconstruction projects of apartment buildings and residential complexes within the jurisdiction; if public investment funds are used, they must be included in the approved local public investment plan;

g) Responsibilities of the Provincial People's Committee, District People's Committee where the apartment buildings are located, and relevant local authorities in implementing the plan for the renovation and reconstruction of apartment buildings.

3. After receiving comments from the Provincial People's Committee, the draft contents of the plan for the renovation and reconstruction of apartment buildings as stipulated in Clause 2 of this Article must be publicly announced on the electronic portal of the provincial housing management agency, the electronic portal of the district people's committee where the apartment buildings are located, and sent to the commune people's committee where the apartment buildings requiring renovation and reconstruction are located for notification and solicitation of opinions from owners and users of apartment buildings, while also sending them to relevant provincial and district agencies for their opinions.

Article 8. Procedures and formalities for soliciting opinions and approving plans for the renovation and reconstruction of apartment buildings

1. After completing the draft plan for the renovation and reconstruction of apartment buildings with the contents as prescribed in Clause 2 of Article 7 of this Decree, the provincial housing management agency shall report to the Provincial People's Committee for review and comments on the plan's contents before publicly announcing the draft plan for soliciting opinions as stipulated in Clause 3 of Article 7 of this Decree.

Soliciting opinions on the plan's contents as stipulated in Clause 2 of Article 7 of this Decree serves as the basis for investors and apartment building owners to negotiate specific compensation and resettlement plans during the selection of the project investor after the plan for the renovation and reconstruction of apartment buildings has been approved.

The period for soliciting opinions as prescribed in this clause shall not exceed 45 days, starting from the date of public announcement of the draft plan for the renovation and reconstruction of apartment buildings as stipulated in Clause 3 of Article 7 of this Decree.

2. Within a maximum period of 15 days from the end date of soliciting opinions as prescribed in Clause 1 of this Article, the provincial housing management agency shall be responsible for finalizing the plan's contents and submitting them to the Provincial People's Committee.

Within a maximum period of 15 days from the date of receipt of the plan for the renovation and reconstruction of apartment buildings submitted by the provincial housing management agency, the Provincial People's Committee shall examine and approve the plan.

3. Within a maximum period of three days from the date of approval of the plan for the renovation and reconstruction of apartment buildings, the Provincial People's Committee must publicly announce the plan's contents as stipulated in Clause 5 of Article 65 of the Housing Law.

4. In cases where apartment buildings under the jurisdiction of local authorities must be demolished using local government budget funds for demolition and reconstruction as stipulated in Clause 2 of Article 62 of the Housing Law, the Provincial People's Committee must report to the same-level People's Council for comments on the allocation of funds for demolition and reconstruction of these apartment buildings before approving the plan.

In cases where apartment buildings under the jurisdiction of central authorities must be demolished as stipulated in Clause 3 of Article 62 of the Housing Law, the Provincial People's Committee must take the lead and coordinate with the representative agency of the apartment building owner to report to the competent authority for decision-making on the allocation of funds for demolition and reconstruction of the apartment buildings in accordance with laws on public investment.

The costs for investigation, survey, preparation, approval, and publication of the plan for the renovation and reconstruction of apartment buildings as stipulated in Article 7 of this Decree shall be sourced from the local regular budget and determined according to the level of costs for preparing, approving, and publishing the local housing development plan as prescribed by housing laws. The provincial housing management agency may report to the Provincial People's Committee to decide on tendering to select consulting units experienced in developing housing development programs and plans in accordance with tendering laws to prepare the plan for the renovation and reconstruction of apartment buildings as stipulated in Article 7 of this Decree.

Article 9. Documents, procedures, and processes for deciding and adjusting the investment orientation of projects to renovate and rebuild public housing directly invested in by the State using public investment funds

1. For renovation and reconstruction projects of apartment buildings directly invested in by the State using public investment funds as stipulated in Clauses 2 and 3 of Article 62 of the Housing Law, the competent state agency shall decide on the investment policy of the project in accordance with laws on public investment.

2. If there is a need to adjust the investment policy of the renovation and reconstruction project of apartment buildings, the competent agency deciding on the investment policy of the project shall implement the adjustment of the investment policy. The leading agency in charge of preparing the application for the decision and adjustment of the investment policy of the renovation and reconstruction project of apartment buildings shall follow the procedures and formalities for deciding and adjusting the investment policy as prescribed by laws on public investment.

Article 10. Documents for requesting approval of the investment orientation of projects to renovate and rebuild public housing not using public investment funds

1. The application for approval of the investment policy simultaneously with the approval of the investor as the project investor for the renovation and reconstruction of apartment buildings established by real estate businesses, cooperatives, or cooperative unions with real estate business functions (hereinafter referred to collectively as real estate businesses) as stipulated in Clause 1 of Article 69 of the Housing Law includes:

a) A request document for approval of the investment orientation of the project according to Model No. 01 prescribed in the Appendix issued together with this Decree;

b) Investment project proposals including the contents prescribed at point b of Clause 1 of Article 69 of the Housing Law and the economic and social benefits of the project;

c) Compensation, support, resettlement, and temporary accommodation, resettlement arrangements (hereinafter collectively referred to as compensation and resettlement plans) agreed upon by apartment building owners with the investor based on the approved plan for the renovation and reconstruction of apartment buildings by the Provincial People's Committee;

d) A certified true copy of the Enterprise Registration Certificate, documents proving the establishment, establishment decision, or other documents with equivalent legal validity; financial statements for two consecutive years immediately preceding the year of registration to participate as the project investor, which have been audited by an independent auditing agency; a financial support commitment from the parent company (if any); a financial support commitment from a financial organization or other documentation proving financial capacity; documents proving the equity capital to implement the project in accordance with the laws on real estate business;

In the case of an agreement to transfer land use rights to implement a residential building renovation and reconstruction project as stipulated in Article 16 of this Decree, in addition to the documents specified in points a, b, c, and d of this clause, the investor must provide a written agreement on the transfer of land use rights according to Model No. 07 prescribed in the Appendix accompanying this Decree, along with a notarized or authenticated copy of the documents proving land use rights and property ownership attached to the land through various periods as prescribed by the laws on land and housing of the owners of the residential buildings.

2. The documents for requesting approval of the investment orientation of projects to renovate and rebuild public housing proposed by the provincial housing management agency as stipulated in Clause 2 of Article 69 of the Housing Law include:

a) A proposal document for approval of the investment orientation of the project prepared according to Model No. 02 prescribed in the Appendix issued together with this Decree;

b) Investment project proposals containing the contents prescribed at point b of Clause 2 of Article 69 of the Housing Law and the economic and social benefits of the project;

c) A report on the process of soliciting opinions on selecting the project investor at the Residential Building Meeting in accordance with this Decree, including the organization of the Residential Building Meeting, the number of investors who registered to participate, the consensus ratio among the owners of the residential buildings, and the time frame for selection;

d) The approved renovation and reconstruction plan of public housing.

Article 11. Procedures for approving investment proposals for projects to renovate and rebuild apartment buildings without using public investment funds

1. The procedures and formalities for approving the investment orientation while simultaneously approving the investor as the project investor for residential building renovation and reconstruction projects within the approval authority of the provincial People's Committee shall be carried out as follows:

a) Investors submit eight sets of documents as prescribed in Clause 1, Article 10 of this Decree to the provincial housing management agency;

b) Within a maximum period of three working days from the date of receipt of the dossier as specified in point a of this clause, the provincial housing management agency shall send requests for comments on the contents prescribed in Clause 1 of Article 12 of this Decree to relevant provincial agencies, including planning and investment, natural resources and environment, finance, urban planning and architecture (if applicable), transportation, public security, defense, tax authorities, the district-level People's Committee where the project is located, and other relevant local agencies as required by the provincial People's Committee.

In the request for opinions, the provincial housing management agency must clearly state the contents requested for review by each agency as stipulated herein;

c) Within a maximum period of fifteen days from the date of receipt of the request for comments as specified in point b of this clause, the agency requested to comment must issue a reply document regarding the contents requested for review and send it to the provincial housing management agency for consolidation and reporting to the provincial People's Committee.

d) Within a maximum period of ten days from the date of receipt of the review comments as specified in point c of this clause, the provincial housing management agency must consolidate and prepare a review report to submit to the provincial People's Committee for consideration and approval of the investment orientation in accordance with the provisions of Article 13 of this Decree.

If the documents submitted for approval of the investment proposal do not meet the conditions to be submitted to the provincial people's committee, the provincial housing management agency must issue a written response stating the reasons and send it to the investor;

đ) Within a maximum period of seven working days from the date of receipt of the review report from the provincial housing management agency as specified in point d of this clause, together with the investor's application dossier, the provincial People's Committee shall consider and approve the investment orientation while simultaneously approving the investor as the project investor for residential building renovation and reconstruction; if disapproval occurs, the provincial People's Committee must issue a notification document clearly stating the reasons and send it to the investor and the provincial housing management agency.

2. The procedures and formalities for approving the investment orientation for residential building renovation and reconstruction projects within the approval authority of the provincial People's Committee but not falling under the circumstances stipulated in Clause 1 of this Article shall be carried out as follows:

a) If there is no investor registering to participate as the project investor within the deadline specified in Clause 5 of Article 17 of this Decree, or if there is an investor participating in the registration but the owners cannot select an investor, then within a maximum period of forty-five days from the expiration date, the provincial housing management agency must prepare an application dossier for approval of the investment orientation in accordance with Clause 2 of Article 10 of this Decree to solicit comments on the contents prescribed in Clause 1 of Article 12 of this Decree from relevant provincial agencies, including planning and investment, natural resources and environment, finance, urban planning and architecture (if applicable), transportation, public security, defense, tax authorities, the district-level People's Committee where the project is located, and other relevant local agencies as required by the provincial People's Committee;

b) Within a maximum period of fifteen days from the date of receipt of the request for comments as specified in point a of this clause, the agency requested to comment must issue a reply document and send it to the provincial housing management agency for consolidation and reporting to the provincial People's Committee;

c) Within a maximum period of ten days from the date of receipt of the review comments as specified in point b of this clause, the provincial housing management agency must consolidate and prepare a review report to submit to the provincial People's Committee for consideration and approval of the investment orientation in accordance with the provisions of Article 13 of this Decree;

d) Within a maximum period of seven working days from the date of receipt of the request from the provincial housing management agency as specified in point c of this clause, the provincial People's Committee shall consider and approve the investment orientation for the residential building renovation and reconstruction project; if disapproval occurs, the provincial People's Committee must issue a notification document clearly stating the reasons and send it to the agency primarily responsible for reviewing the application dossier for approval of the investment orientation.

3. The application dossier for approval of the investment orientation for residential building renovation and reconstruction projects within the approval authority of the Prime Minister, prepared by the investor or by the provincial People's Committee, shall be carried out in accordance with Clause 1 or Clause 2 of this Article; if the provincial People's Committee prepares the application dossier, the provincial housing management agency shall take the lead in advising on the preparation of the application dossier and report to the provincial People's Committee for consideration and submission to the Prime Minister for approval of the investment orientation.

The procedures and formalities for approving and adjusting the investment orientation of the project and the review of the application dossier for approval and adjustment of the investment orientation of the project as stipulated in this clause shall be carried out in accordance with the laws on investment.

Article 12. Review of the proposal to approve the investment orientation for projects to renovate and rebuild apartment buildings not using public investment funds

1. When implementing approval of investment orientation concurrently with approval of the investor as the project sponsor for the renovation and reconstruction of apartment buildings not funded by public investment within the authority to approve investment orientation of the provincial People's Committee, the provincial housing management agency shall propose the review of the following contents:

a) Evaluation of the suitability of the project name, location, and investment objectives;

b) Evaluation of the financial capability and capital ownership of the selected investor to implement the project in accordance with laws on real estate business;

c) Evaluation of the suitability of the proposed investment project with the detailed planning that has been approved by the competent authority (including the scope, scale of the project, land use planning indicators); assessment of land use needs; evaluation of the suitability of the proposed investment project with the approved renovation and reconstruction plan for apartment buildings; phased investment plan (if any); preliminary product structure of housing and commercial area of the project; preliminary construction and urban infrastructure management plan within the project scope and responsibility for investing and constructing these works; evaluation of the suitability of the investment project operation period and project implementation schedule;

d) Preliminary economic and social impact assessment of the project; preliminary environmental impact assessment (if applicable) in accordance with laws on environmental protection; evaluation of the suitability of the project's transportation connectivity with surrounding areas; requirements to ensure national defense and security, fire prevention and fighting in the project implementation area;

đ) Assessment of investment incentives in accordance with housing laws, other relevant laws, and conditions for enjoying investment incentives (if applicable);

e) Evaluation of the suitability of the compensation and resettlement plan agreed upon by the owners and investors;

g) In cases where the transfer of land use rights is agreed upon as stipulated in Clause 11, Article 60 of the Law on Housing, in addition to the contents prescribed in points a, b, c, d, đ, and point e of this clause, there must be an assessment of whether the project meets the conditions as prescribed in Clause 1, Article 16 of this Decree.

2. For proposals to approve investment orientation for the renovation and reconstruction of apartment buildings within the authority to approve investment orientation of the provincial People's Committee but not covered by Clause 1 of this Article, the provincial housing management agency shall propose the review of the following contents:

a) The contents stipulated in points a, c, d, and đ of Clause 1 of this Article;

b) Assessment of the conditions for applying the tendering method to select investors for projects using land in accordance with Article 18 of this Decree.

Article 13. Contents of the approval of the investment orientation for projects to renovate and rebuild apartment buildings not using public investment funds

1. The approval document includes the following contents:

a) The name of the project sponsor (in cases where investment orientation approval is concurrently granted with approval of the investor as the project sponsor) or the method of selecting the project sponsor (in cases where the project sponsor is selected through bidding involving land use);

b) Project name and location of the investment project;

c) The objectives of the project, including clearly stating the goal of resettlement in place or part of the resettlement in place and part at another location or a combination of resettlement in place and compensation in cash for owners and users of apartment buildings;

d) Scope and scale of the project; investment capital of the project;

đ) The operating period of the project determined according to investment laws and defined as follows:

In cases where investment orientation approval is concurrently granted with approval of the investor as the project sponsor as stipulated in Article 16 of this Decree, the calculation starts from the date of approval of investment orientation by the competent authority.

In cases where investment orientation approval is concurrently granted with approval of the investor as the project sponsor as stipulated in Article 17 of this Decree and cases where project sponsors are selected through bidding as stipulated in Article 18 of this Decree, the calculation starts from the date the competent authority issues decisions on land allocation, land lease, or permission to change land use purposes (if applicable);

e) The product structure of housing in the project (number of houses for resettlement for some or all owners and users of apartment buildings; number of houses or other areas available for sale, lease purchase, or lease under commercial mechanisms);

g) Project implementation schedule; preliminary phased investment plan or division of the project into components (if any); investment responsibilities and implementation schedules, handover of technical and social infrastructure systems within the project scope;

h) Investment incentives and support and conditions for applying incentives (if applicable);

i) Responsibilities of the project sponsor, provincial People's Committee, district People's Committee where the project is located, and related local agencies in implementing the investment project;

2. The model of the approval document for the investment orientation for projects to renovate and rebuild apartment buildings shall be implemented according to Model No. 03 prescribed in the Appendix attached to this Decree.

The document approving the investment orientation for the renovation and reconstruction of apartment buildings must be publicly announced on the provincial People's Committee's electronic portal and sent to the district People's Committee and commune People's Committee where the project is located to notify residents of apartment buildings and disseminate information through mass media to inform owners and users of apartment buildings;

Article 14. Adjustment of Approval for Investment Orientation of Projects to Renovate and Rebuild Apartment Buildings Not Using Public Investment Funds

1. For projects to renovate and reconstruct apartment buildings within the authority to approve investment orientation of the Prime Minister, the application for adjustment of investment orientation approval shall be implemented according to the provisions of Clause 4 of this Article; the procedures and formalities for adjusting investment orientation approval shall be carried out in accordance with laws on investment.

2. For projects to renovate and reconstruct apartment buildings within the authority to approve investment orientation of the provincial People's Committee, the application for adjustment of investment orientation approval shall be implemented according to the provisions of Clause 4 of this Article, and the procedures and formalities for adjusting investment orientation approval shall be carried out according to the provisions of Clause 5 of this Article.

3. Adjustment of investment orientation approval for projects to renovate and reconstruct apartment buildings shall be carried out in any of the following cases:

a) Adjusting part of the project objectives from resettlement to compensation in cash or from resettlement in place to resettlement at another location, or when there is a requirement to adjust the resettlement plan of the project by the competent state management agency.

If the competent state management agency requires adjustment of the project resettlement plan leading to changes in the compensation ratio (k factor) for apartment sizes, opinions of apartment building owners must be sought before proposing adjustments;

b) Changing the total investment capital by 20% or more, or changing the number of housing units or other areas that are not housing by 20% compared to the approved investment orientation approval document;

c) Extending the project implementation schedule where the total investment period exceeds 18 months compared to the schedule stated in the initial investment orientation approval document;

d) Adjusting the phased investment plan or dividing the project into components (if applicable).

4. The application dossier for adjustment of approval for investment orientation of projects to renovate and rebuild apartment buildings includes:

a) The document requesting adjustment of investment orientation approval for the project includes contents about the investor and the investor's commitments in cases where the project sponsor has already been selected; contents regarding the requested adjustments, explanations, or provision of related documents concerning the request to adjust the contents of the investment orientation approval document;

b) The approval document for investment orientation of the project issued by the competent authority;

c) The decision approving the investor or the decision approving the bidding results of the project to renovate and rebuild apartment buildings issued by the competent authority;

d) Report on the progress of implementing the project up to the time of requesting adjustment.

5. The procedures and formalities for adjusting approval for investment orientation of projects to renovate and rebuild apartment buildings shall be carried out as follows:

a) The provincial housing management agency shall prepare the application dossier for adjustment of approval for investment orientation in accordance with Clause 4 of this Article and submit it to the provincial People's Committee for examination and approval.

In cases where the project sponsor has already been selected, the project sponsor shall submit eight sets of documents requesting adjustment of investment orientation approval as prescribed in Clause 4 of this Article to the provincial housing management agency for reporting to the provincial People's Committee for consideration and approval.

b) Within a maximum period of three working days from the date of receiving the dossier specified in point a of this clause, the provincial housing management agency shall send for the review opinions of the relevant provincial functional agencies concerning the content of the proposed adjustment.

In the document requesting comments for review, the provincial housing management agency must clearly specify the contents to be reviewed by each agency being consulted;

c) Within a maximum period of fifteen days from the date of receiving the review opinion solicitation document from the provincial housing management agency, the agency solicited for its opinion must submit a reply document to the provincial housing management agency;

d) Within a maximum period of ten days from the date of receiving the reply documents from the agencies solicited for their opinions as stipulated in point c of this clause, the provincial housing management agency must complete the review dossier and submit it to the provincial People's Committee for examination and approval;

đ) Within a maximum period of seven working days from the date of receiving the dossier requesting approval of the investment orientation adjustment submitted by the provincial housing management agency, the provincial People's Committee shall examine and approve the adjustment of the investment orientation; in case of disapproval, a notification document specifying the reasons must be sent to the project investor and the provincial housing management agency.

6. For renovation and construction projects of apartment buildings that have been approved for investment orientation, the investor shall not adjust the project investment schedule more than twenty-four months beyond the investment schedule stated in the initial investment orientation approval document, except in one of the following cases:

a) To remedy consequences arising from force majeure as stipulated in the civil law and land law;

b) Adjusting the project investment schedule due to delays in the State's allocation, leasing, or permission to change the purpose of land use without fault on the part of the investor;

c) Adjusting the project investment schedule at the request of a state management agency or due to delays in administrative procedures by state agencies without fault on the part of the investor;

d) Adjusting the investment project due to changes in planning by state agencies at the location of the project;

đ) Adjusting the project investment schedule due to delays in compensation, support, and resettlement without fault on the part of the investor.

7. The document adjusting the approval of the investment orientation for the project shall be carried out according to Model No. 04 prescribed in the Appendix attached to this Decree and must be publicly announced in accordance with Clause 2 of Article 13 of this Decree.

8. After being approved for investment orientation and adjusted investment orientation (if applicable) in accordance with the Law on Housing and this Decree, if the renovation and construction project of apartment buildings falls under the circumstances of temporarily suspending or terminating the operation of the investment project as prescribed by the investment law, the procedures and formalities for temporarily suspending or terminating the operation of the investment project shall be implemented in accordance with the provisions of the investment law.

In the case of termination of the project operation, after the termination, the provincial People's Committee shall be responsible for re-selecting the investor for the renovation and construction project of apartment buildings in accordance with the provisions of this Decree.

Article 15. Project Investor for Renovation and Reconstruction of Apartment Buildings Directly Invested in by the State

1. The investor of the renovation and construction project of apartment buildings directly invested in and constructed by the State using public investment funds (except in the case provided for in Clause 3 of this Article) includes: the specialized project management board or regional project management board acting as the investor. In the absence of a project management board or where such a board exists but does not meet the conditions to implement the project, the investment decision maker shall assign another agency or organization to act as the investor of the renovation and construction project of apartment buildings, including state-owned enterprises holding 100% of the charter capital whose main business is real estate development.

2. The provincial housing management agency shall propose assigning the agency or organization specified in Clause 1 of this Article to act as the investor of the renovation and construction project of apartment buildings; the assignment of an agency or organization to act as the investor of the project shall be carried out in accordance with the laws on public investment and construction.

3. For apartment buildings for the people's armed forces invested in and constructed by the Ministry of National Defense and the Ministry of Public Security for lease purposes, the Ministry of National Defense and the Ministry of Public Security shall decide on the investor of the renovation and construction project of apartment buildings.

Article 16. Selection of the project investor for the renovation and reconstruction of apartment buildings through the transfer of land use rights

In cases where the apartment building attached to the transferred land area as provided in this clause has a portion of the common-use building area (corridors, staircases) belonging to public assets, the project investor must compensate the State financially according to the provisions of Clause 1, Article 34 of this Decree.

2. The negotiation for the transfer of land use rights to implement the project for the renovation and reconstruction of apartment buildings shall be documented in writing, containing signatures of all owners listed in the ownership certificates for housing and land use rights or their legitimate heirs, and the real estate business enterprise selected. If representatives of the owners are authorized to negotiate, they must have a notarized or certified power of attorney in accordance with civil law regulations.

The model agreement on the transfer of land use rights is prescribed in Model No. 07 of the Appendix issued together with this Decree.

3. Within a maximum period of 15 days from the date of the agreement on the transfer of land use rights as stipulated in Clause 2 of this Article, the investor shall submit an application for approval of the investment proposal simultaneously with the approval of the investor as the project investor for the renovation and reconstruction of apartment buildings as prescribed in Article 11 of this Decree, accompanied by the compensation and resettlement plan established in accordance with Clause 1, Article 71 of the Law on Housing and this Decree, which has been agreed upon with the owners of the apartment buildings to the provincial housing management authority where the project is located for review and submission to the provincial People's Committee for approval in accordance with the provisions of Clause 4 of this Article.

4. Within a maximum period of 35 days from the date of receipt of the application for approval of the investment proposal simultaneously with the approval of the investor and the compensation and resettlement plan as stipulated in Clause 3 of this Article, the provincial People's Committee shall review and approve the investment proposal simultaneously with the approval of the investor as the project investor for the renovation and reconstruction of apartment buildings and approve the compensation and resettlement plan.

The decision approving the compensation and resettlement plan and the document approving the investment proposal simultaneously approving the investor as the project investor is the legal basis for the project investor to proceed with subsequent investment and construction procedures.

The document approving the investment proposal simultaneously approving the investor as the project investor is a document identifying the project investor for the renovation and reconstruction of apartment buildings and must be made public in accordance with the provisions of Clause 2, Article 13 of this Decree.

The decision approving the compensation and resettlement plan must be publicly announced on the provincial People's Committee's electronic portal and sent to the district People's Committee and commune People's Committee where the project is located to make it public at the location of the apartment building and notify the owners and users of the apartment building to be aware and comply.

5. After obtaining the decision approving the compensation and resettlement plan and the document approving the investment proposal simultaneously approving the investor as stipulated in Clause 4 of this Article, the owners of the apartment buildings may not use the certificates proving land use rights and property rights attached to the land issued in accordance with land laws to mortgage, engage in transactions such as buying and selling, leasing, or transferring ownership of housing to other organizations or individuals; if these transactions are carried out after the provincial People's Committee approves the compensation and resettlement plan and the investment proposal, they will not be recognized and will have no legal effect.

At the time of signing the purchase and lease contracts for housing serving resettlement with the project investor as stipulated in Article 32 of this Decree, the owner of the housing must hand over the certificates proving ownership of housing and land use rights throughout different periods to the project investor. The project investor for the renovation and reconstruction of apartment buildings does not need to go through the procedure of registering changes in the certificates proving land use rights and property rights attached to the land.

Article 17. Selection of Project Developer Through Agreement Between Apartment Building Owners and Real Estate Business at the Apartment Building Meeting

1. The selection of the project developer for the renovation and reconstruction of apartment buildings as stipulated herein shall apply to the following cases:

a) Projects for the renovation and reconstruction of apartment buildings that do not fall under the provisions of Article 16 of this Decree;

b) The project for the renovation and reconstruction of apartment buildings meeting the conditions stipulated in point a and point b of Clause 11, Article 60 of the Law on Housing but not having unanimous agreement from all owners of the apartment buildings to transfer land use rights to the investor to implement the project.

2. The provincial housing management agency shall publicly announce information about the project for the renovation and reconstruction of apartment buildings as stipulated in Clause 1 of this Article on its electronic portal and simultaneously send it to the district People's Committee where the project is located to be publicly announced on its electronic portal within 30 days to call for investors to register participation.

The content of the publicly announced information includes the information prescribed in Clause 2, Article 7 of this Decree and requirements for investors implementing the project (including financial capacity, capital contribution, experience in implementing projects, financial plans for implementing the project, and other requirements if any).

3. Within a maximum period of 25 days from the end of the period for posting information as stipulated in Clause 2 of this Article, real estate business enterprises interested in participating as project investors shall submit registration applications (including information about the investor and proposals for the project) along with capability documents and proposed compensation and resettlement plans established in accordance with Clause 1, Article 71 of the Law on Housing and this Decree to the provincial housing management agency or send them to the district People's Committee where the project is located if assigned by the provincial People's Committee.

4. Within a maximum period of 15 days from the date of expiration of the deadline for receiving applications as prescribed in Clause 3 of this Article, the agency entrusted with receiving applications shall be responsible for checking the applications to establish a list of investors who have registered to participate; in the case where the People's Committee of the district where the project is located is the agency entrusted with receiving applications, such agency must report to the provincial housing management agency to decide on the list of participating investors.

5. Within a maximum period of 60 days from the date of expiration of the deadline prescribed in Clause 4 of this Article, the People's Committee of the district shall take the lead and coordinate with the provincial housing management agency to organize the collection of opinions from the owners of apartment buildings regarding the selection of investors to implement the project at the Apartment Building Meeting.

The People's Committee of the district shall be responsible for sending notifications to the owners and users of apartment buildings about the time and place of the meeting to collect opinions on the selection of the project investor. At the Apartment Building Meeting, the People's Committee of the district shall announce the list of investors approved according to the provisions of Clause 4 of this Article; investors included in the list shall report their investment construction plans and proposed compensation and resettlement plans for the representatives of the owners and users of apartment buildings to review and select; the selection of the project investor shall be carried out in accordance with the provisions of Clause 6 of this Article.

6. The collection of opinions from the owners of apartment buildings shall be conducted on the principle that each apartment in the building has one representative owner corresponding to one voting ballot, and at least 70% of the total number of representative owners of the apartment building or residential area must participate; the enterprise selected must obtain the approval of at least 75% of the total number of representative owners of apartments in the apartment building or residential area attending the meeting; in cases where multiple enterprises register to become investors, the enterprise receiving the highest percentage of approval from the apartment owners but not less than 51% of the total number of representative owners of the apartment building or residential area shall be selected; the organization of the selection of the project investor must be recorded in a protocol signed by representatives of the People's Committee of the district where the project is located, representatives of the provincial housing management agency, representatives of the owners of the apartment building attending the meeting, and the selected enterprise.

In cases where part of the area of the apartment building or residential area belongs to state property, the representative of the owner of the state property or the agency representing the owner of the state property shall participate in the meeting to select the project investor.

For other areas within the apartment building that are not apartments and belong to the ownership of organizations, individuals, or the State, the total usable area of these parts shall be divided by the largest usable area of an apartment in the apartment building or residential area to determine the ratio of voting ballots of the owners; each part of the area equivalent to the largest apartment area after division shall be counted as one voting ballot; if the remaining area after division is larger than half of the apartment area specified herein, it shall be counted as one voting ballot of the owner; if the remaining area after division is smaller than half of the apartment area specified herein, it shall not be counted as one voting ballot of the owner.

7. Within a maximum period of 15 days from the date of issuance of the protocol selecting the project investor as prescribed in Clause 6 of this Article, the investor shall submit an application for approval of the investment proposal simultaneously with the approval of the investor as the project investor according to Article 10 of this Decree, along with the compensation and resettlement plan to the provincial housing management agency where the project is located for examination and submission to the Provincial People's Committee for approval.

8. Within a maximum period of 30 days from the date of receipt of the application for approval of the investment proposal and the compensation and resettlement plan as prescribed in Clause 7 of this Article, the Provincial People's Committee shall examine and approve the compensation and resettlement plan and simultaneously approve the investment proposal and the approval of the investor as the project investor for the renovation and reconstruction of the apartment building according to Article 11 of this Decree.

The document approving the investment orientation and the investor is the document determining the project sponsor for the renovation and reconstruction of apartment buildings.

After the competent authority approves the investment proposal for the project and approves the compensation and resettlement plan, the project investor shall be responsible for submitting procedures to the competent authority in accordance with the laws on land to recover land, allocate land, lease land, and change the purpose of land use (if applicable) for the area of land allocated to implement the project for the renovation and reconstruction of the apartment building.

Article 18. Selection of Project Sponsor through Tendering

2. Before organizing a public tender to select the project investor for the renovation and reconstruction of the apartment building, the competent authority shall prepare the necessary documentation and submit an application for approval of the investment proposal according to the provisions of Clause 2 of Article 10 and Clause 2 of Article 11 of this Decree.

3. The provincial housing management agency shall organize the preparation of notices of interest and invitations to bid in accordance with the laws on public tendering. In cases where the provincial housing management agency does not have sufficient capacity to organize a public tender to select the project investor as prescribed, it must hire a consulting firm with the necessary conditions to carry out the tendering process in accordance with the laws on public tendering to organize the selection of the project investor for the renovation and reconstruction of the apartment building; the cost of hiring the consulting firm shall be implemented according to the provisions of Clause 8 of this Article.

4. Notices of interest and invitations to bid shall be published on the National Public Tendering Network in accordance with the laws on public tendering. The invitation to bid shall include contents prescribed by the laws on public tendering and a preliminary compensation and resettlement plan containing the contents stipulated in Points d, đ, and Point k of Clause 1 of Article 71 of the Law on Housing.

5. Upon expiration of the period for publishing the tender invitation documents, the provincial housing management agency shall organize the evaluation of the project implementation registration files submitted by investors in accordance with the laws on bidding, including an assessment of the preliminary compensation and resettlement plans in accordance with the approved plan for the renovation and reconstruction of apartment buildings.

Based on the results of the evaluation of the project implementation registration files, the provincial housing management agency shall submit to the People's Committee of the province for examination and approval of the results of the invitation to bid and organize the selection of investors as follows:

a) In case only one investor meets the requirements of the invitation to bid, the investor shall be approved in accordance with Clause 6 of this Article;

b) In case two or more investors meet the requirements of the invitation to bid, a public tender shall be organized to select the investor in accordance with Clause 7 of this Article;

c) In cases where there are no interested investors or no investors meeting the requirements of the tender invitation documents, the provincial housing management agency must issue a notification to terminate the invitation process and send it to the investors, and then either re-initiate the invitation process or review and amend the tender invitation documents and publish them in accordance with the laws on bidding.

6. The procedure for approving the investor shall be applied in cases where the investor meets the requirements prescribed in point a of Clause 5 of this Article and shall be carried out as follows:

a) The provincial housing management agency shall prepare a report proposing approval of the investor in accordance with Model No. 05 prescribed in the Appendix issued together with this Decree, along with the tender invitation documents, the results of the approval of the tender invitation documents, and other relevant documents during the organization and evaluation of the tender invitation documents, and submit it to the provincial People's Committee for consideration and approval.

b) Within a maximum period of 15 days from the date of receipt of the documents from the provincial housing management agency, the provincial People's Committee shall consider and approve the investor in accordance with Model No. 06 prescribed in the Appendix issued together with this Decree; if not approving, the provincial People's Committee must issue a document clearly stating the reasons and send it to the provincial housing management agency and the investor.

The document approving the investor prescribed in this clause is the document determining the project sponsor for the renovation and reconstruction of apartment buildings.

7. In cases where there are two or more interested investors meeting the requirements of the tender invitation documents as stipulated in point b, Clause 5, Article 5 of this Decree, the bidding process to select the investor shall be conducted in accordance with the laws on bidding.

The decision approving the successful bid result for the project to renovate and reconstruct apartment buildings, in accordance with the laws on bidding, is the document that determines the project investor for the renovation and reconstruction of apartment buildings.

8. The costs of organizing the tender for selecting the project sponsor as prescribed in this Article and the tender guarantee (if any) shall be implemented in accordance with the laws on tendering.

9. Within a maximum period of 30 days from the date of issuance of the document approving the investor as stipulated in Clause 6, Article 5 of this Decree or the decision approving the successful bid result for the project to renovate and reconstruct apartment buildings as stipulated in Clause 7, Article 5 of this Decree, the provincial housing management agency shall take the lead in coordinating with the district People's Committee where the project is located, relevant provincial agencies, and the project investor to establish and submit to the provincial People's Committee for approval the compensation and resettlement plan.

Within a maximum period of fifteen days from the date of receipt of the proposal from the provincial housing management agency, the People's Committee of the province shall examine and approve the compensation and resettlement plan.

Article 19. Land Recovery, Allocation, Lease, and Change of Land Use Purpose

1. In cases where the investor and the owners of the apartment buildings agree to transfer the land use rights to implement the project in accordance with Article 16 of this Decree, the procedures for land recovery, allocation, leasing, and land use purpose change shall not be implemented.

2. In cases where the project investor is selected according to Articles 17 and 18 of this Decree, after the approval of the compensation and resettlement plan, the project investor shall proceed with the procedures to request competent state agencies in accordance with the laws on land to recover, allocate, lease, and change the land use purpose (if applicable) for the entire area within the scope of the project, including non-residential land parcels (if any), in accordance with the detailed planning approved by the competent authority or the investment project proposal approved.

3. The time for implementing compensation and resettlement (including monetary compensation or resettlement at another location or temporary accommodation arrangement according to the approved compensation and resettlement plan) as stipulated in Clauses 1 and 2 of this Article is after the issuance of the document approving the investment project proposal and the decision approving the compensation and resettlement plan.

4. In cases where the project to renovate and reconstruct apartment buildings requires additional financial obligations as stipulated in Clause 2, Article 40 of this Decree, the project investor must complete the procedures to determine the land value, calculate land use fees and land lease fees, and fulfill the financial obligations for the newly generated land areas subject to financial obligations in order to obtain land allocation, leasing, and land use purpose change in accordance with the laws on land.

5. The procedures, processes, and authorities for land recovery, allocation, leasing, and land use purpose change (if applicable) for each case stipulated in this Article shall be carried out in accordance with the laws on land.

Article 20. Establishment, Review, and Approval of Apartment Building Renovation and Reconstruction Projects

1. The project investor must prepare a feasibility study report for the project to renovate and reconstruct apartment buildings to submit to the competent authority for examination in accordance with the laws on construction, except in cases where only an economic and technical investment report is required.

2. Based on the results of the examination of the feasibility study report of the project by the specialized agency on construction, the person deciding on investment or the project investor shall be responsible for considering and approving the project to renovate and reconstruct apartment buildings.

3. During the implementation of the project, the project investor may adjust the project investment content in accordance with the laws on construction; in cases where the adjustment of the project content falls under the category of adjusting the investment policy as stipulated in Clause 3, Article 14 of this Decree, the adjustment of the investment policy must be completed before the adjustment of the project content.

Section 2
THE PROJECT IMPLEMENTATION STAGE ANDPROJECT COMPLETION

Article 21. Implementation Stage of the Project and Completion of Investment Construction of the Project

1. The project implementation stage includes tasks such as preparing, examining, approving the construction design, issuing the Construction Permit, constructing, operating the construction works, and completing the acceptance of the construction works, all carried out in accordance with the laws on construction and meeting the requirements for the installation of telecommunications and information infrastructure systems as prescribed by the laws on telecommunications.

2. The project investor for the renovation and reconstruction of apartment buildings shall carry out business activities related to residential products, commercial and service facilities within the scope of the renovation and reconstruction project in accordance with this Decree.

3. After the construction works within the project for the renovation and reconstruction of apartment buildings are completed and accepted according to the laws on construction, the investor shall carry out related procedures to conclude the investment in the construction project, such as finalizing the construction contract settlement, completing the settlement of the finished project, confirming the completion of the works, providing warranty for the construction works, and handing over the housing and construction works together with relevant documents in accordance with the laws on construction, housing, and other related laws.

4. The investor is responsible for processing the issuance of certificates of land use rights and ownership of attached assets for the owners of apartment buildings in accordance with the laws on land, except in cases where the owners themselves process the application for issuance of certificates.

Article 22. Transfer of Housing and Other Facilities for Use

1. The handover of housing after the completion of the reconstruction work in the project for the renovation and reconstruction of apartment buildings shall be prioritized for the owners and users of resettlement apartments.

2. For apartment buildings, the handover shall be carried out after the acceptance of the apartment building according to the laws on construction and the acceptance of the technical infrastructure works of the area with housing according to the progress stated in the approval of the project's investment proposal. In cases where the investor of the project for the renovation and reconstruction of apartment buildings must construct social infrastructure works to meet residential needs as stipulated in the project's investment proposal, they must complete the construction and acceptance of these works according to the approved schedule before handing over the apartment units.

Prior to the transfer of the apartment unit, the investor must prepare the transfer documentation for the apartment building in accordance with the laws on housing.

3. The owners of apartment buildings, including those belonging to state assets, and the users of apartment buildings have the responsibility to accept resettlement housing when it meets the conditions for handover, and must pay the maintenance fees for common areas and management operation costs as prescribed by the laws on housing; if the owner does not accept the handover of the unit at the time of handover without a valid reason agreed upon by all parties, the investor may compensate the displaced person in cash according to the compensation and resettlement plan that has been approved, and the investor may sell these apartment units at commercial prices to other subjects.

4. For individual houses and other construction works not included in the apartment buildings within the project for the renovation and reconstruction of apartment buildings, the investor shall hand over the housing and these construction works to the owners and users of apartment buildings for management and use according to the approved compensation and resettlement plan and the provisions of the laws on construction and housing.

Chapter III
RELOCATION, FORCED RELOCATION AND TEMPORARY HOUSING ARRANGEMENTSTEMPORARY HOUSING

TO OWNERS AND USERS OF APARTMENT BUILDINGSAPARTMENT BUILDING

Article 23. Cases of relocation of owners and users of apartment buildings

1. Emergency displacement cases of apartment buildings include:

a) Apartment buildings damaged by fire or explosion that no longer meet the safety conditions for continued use;

b) Apartment buildings damaged by natural disasters or enemy attacks that no longer meet the safety conditions for continued use.

2. Displacement cases under the compensation and resettlement plan include:

a) Apartment buildings where the main load-bearing structures exhibit a dangerous overall condition, with a risk of collapse, and do not meet the conditions for continued use, necessitating urgent relocation of the owners and users of the apartment buildings;

b) Apartment buildings that are severely damaged, exhibiting a dangerous local condition in the main load-bearing structures, and having one of the following factors: fire prevention and firefighting infrastructure systems; water supply, drainage, wastewater treatment; power supply, internal traffic, which do not meet current technical standards and regulations or pose a risk of operational safety, requiring demolition to ensure the safety of the owners and users of the apartment buildings and urban renewal requirements;

c) Apartment buildings where one of the main structures of the building, such as foundations, columns, walls, beams, joists, does not meet normal usage requirements but does not fall under the circumstances requiring demolition as stipulated in points a and b of this clause, but are located in areas required to be renovated and constructed synchronously with apartment buildings that must be demolished as stipulated in this clause according to the approved urban planning.

Article 24. Procedure and formalities for relocating owners and users of apartment buildings

1. Emergency relocation procedures for cases specified in Clause 1 of Article 23 of this Decree shall be implemented as follows:

a) The provincial housing management agency shall submit to the provincial People's Committee for issuance of a decision on urgent relocation within a maximum period of three days from the date of conclusion by the competent authority that the apartment building no longer meets the conditions to ensure safety for continued use as prescribed by law.

The decision on urgent relocation shall include the following contents: location of the apartment building requiring urgent relocation, temporary accommodation location, method of relocation, deadline for relocation, responsibilities of agencies, organizations, and individuals involved in implementing the urgent relocation decision; relocation costs;

b) From the date of issuance of the decision on urgent relocation, the district People's Committee where the apartment building is located shall be responsible for organizing the urgent relocation of all owners and users of the apartment building to temporary accommodation locations as stipulated in point a of this clause, in coordination with relevant agencies at the local level;

c) The provincial housing management agency or the district People's Committee, if assigned by the provincial People's Committee, shall coordinate with the financial agency at the local level to propose the provincial People's Committee to allocate urgent relocation funds from the local regular budget.

2. Relocation procedures for cases specified in Clause 2 of Article 23 of this Decree shall be implemented as follows:

a) Within a maximum period of fifteen days from the date of approval of the compensation and resettlement plan, the developer shall cooperate with the provincial housing management agency to report to the provincial People's Committee for issuance of a relocation decision in accordance with Clause 3, Article 73 of the Law on Housing and send it to the district People's Committee and commune People's Committee where the apartment building to be relocated is located to directly notify the owners and users of the apartment building to implement the relocation;

b) Within a maximum period of thirty days from the date of issuance of the relocation decision as stipulated in point a of this clause, the district People's Committee shall be responsible for organizing the relocation of all owners and users of the apartment building to temporary accommodation locations to hand over the land to the developer, in coordination with the commune People's Committee, the developer, and other relevant agencies at the local level.

3. In cases where there are apartments belonging to state assets that must be relocated according to Article 23 of this Decree, the competent state agency must carry out the procedures for recovering housing belonging to state assets in accordance with the law on housing.

Article 25. Procedure and formalities for forced relocation of owners and users of apartment buildings

1. Forced relocation procedures for cases specified in Clause 1 of Article 23 of this Decree shall be implemented as follows:

a) Within a maximum period of three working days from the expiration date of the urgent relocation decision, if the owners and users of the apartment building do not relocate, the provincial housing management agency shall report to the provincial People's Committee for issuance of a decision on forced relocation in accordance with Clause 2, Article 74 of the Law on Housing to apply to owners and users of the apartment building who have not implemented the relocation, and simultaneously send it to the district People's Committee, district public security agency, and commune People's Committee where the apartment building to be relocated is located to post it at the location of the apartment building subject to relocation and directly notify the owners and users of the apartment building to implement the relocation;

b) Within a maximum period of seven working days from the date of issuance of the forced relocation decision, the district People's Committee where the apartment building is located shall be responsible for organizing the forced relocation in accordance with the content of the forced relocation decision, in coordination with the commune People's Committee where the apartment building to be relocated is located, the developer, the district public security agency, and other relevant agencies at the local level.

2. Forced relocation procedures for cases specified in Clause 2 of Article 23 of this Decree shall be implemented as follows:

a) Within a maximum period of fifteen days from the expiration date of the relocation decision, if the owners and users of the apartment building do not relocate, the developer shall submit a written report to the provincial housing management agency to request the provincial People's Committee for issuance of a decision on forced relocation in accordance with Clause 2, Article 74 of the Law on Housing to apply to owners and users of the apartment building who have not implemented the relocation, and simultaneously send it to the district People's Committee, district public security agency, and commune People's Committee where the apartment building is located to post it at the location of the apartment building to inform the owners;

b) Within a maximum period of fifteen days from the date of issuance of the forced relocation decision, the district People's Committee where the apartment building is located shall be responsible for organizing the forced relocation in accordance with the content of the forced relocation decision, in coordination with the commune People's Committee where the apartment building is located, the developer, the district public security agency, and other relevant agencies at the local level.

Article 26. Arranging Temporary Housing for Owners and Users of Apartment Buildings

1. Forms of arranging temporary housing include:

a) Arranging temporary accommodation in the existing resettlement housing fund, the housing fund belonging to state assets in the locality, purchasing commercial housing, or investing in constructing a resettlement housing fund using local government budget funds or funds from the Development Investment Fund, Local Housing Development Fund (if available) to serve as temporary accommodation;

b) Paying money for owners and users of apartment buildings to arrange their own temporary housing.

2. In cases where investment is made to construct a resettlement housing fund according to point a of Clause 1 of this Article to arrange temporary accommodation, it must meet the requirements for quality, construction standards, and specifications; in cases where the housing used for temporary accommodation can be sold and the owner currently residing in this housing has a need to purchase it, the sale of this housing to the owners instead of resettlement shall be carried out, except when the temporary accommodation is housing belonging to state assets; the selling price of this housing and the payment of any difference (if any) shall be determined as in the case of compensation and resettlement as stated in the approved compensation and resettlement plan.

3. In cases where temporary housing is an apartment unit, the responsibility for paying management and operation costs, and usage fees for the apartment unit is stipulated as follows:

a) In cases of urgent relocation of owners and users of apartment buildings to temporary accommodation, the local government budget shall cover the management and operation costs of the apartment building from the local regular budget until the developer of the project is selected.

b) In relocation according to the compensation and resettlement plan, the project investor shall pay the management and operation costs of the apartment building.

Article 27. Responsibility for Arranging Temporary Accommodation

1. The responsibility for arranging temporary housing is implemented as follows:

a) For apartment buildings specified in point b, Clause 2 of Article 59 of the Law on Housing, the Provincial People's Committee shall be responsible for arranging temporary housing;

b) For apartment buildings as specified in points a and c Clause 2 Article 59 of the Law on Housing, the Provincial People's Committee shall be responsible for arranging temporary accommodation until a project investor is selected for the renovation and reconstruction of the apartment building. After selecting the project investor, the investor shall be responsible for arranging temporary accommodation during the implementation of the project; if temporary accommodation has already been arranged, the investor shall pay the cost of arranging temporary accommodation.

c) For apartment buildings specified in points d and e, Clause 2 of Article 59 of the Law on Housing, the project investor for the renovation and reconstruction of the apartment building shall be responsible for arranging temporary housing.

2. In cases as specified in points a and b Clause 1 of this Article, the provincial housing management agency or the agency assigned by the provincial People's Committee to take the lead and coordinate with the financial agency at the same level to propose a plan for arranging temporary accommodation and estimate the budget from the local regular expenditure budget to arrange temporary accommodation.

The cost of arranging temporary accommodation shall be reimbursed by the project investor into the state budget after acceptance, completion, and putting the housing into use in cases where the project investor implements the project not using public investment capital.

3. In cases as specified in point c Clause 1 of this Article, the project investor for the renovation and reconstruction of apartment buildings shall be responsible for proposing the arrangement of temporary accommodation in the compensation and resettlement plan.

The cost of arranging temporary accommodation that does not fall under the case of implementing the project using public investment capital shall be determined within the total investment cost of the project; the minimum cost for arranging temporary accommodation for each owner shall be proposed by the project investor and decided by the provincial People's Committee in the compensation and resettlement plan.

In cases where the project investor has not yet been selected, the provincial housing management agency shall take the lead and coordinate with the financial agency at the same level to propose the cost of arranging temporary accommodation from the regular expenditure budget to report to the provincial People's Committee for decision.

4. In cases of delayed handover of resettlement housing to owners or users of apartment buildings due to changes in planning by state agencies or delays in land allocation, land leasing, or change of land use purpose (if applicable), the local regular expenditure budget shall be responsible for paying the cost of arranging temporary accommodation during the delay period; if the project investor pays this cost, it will be reimbursed by the local budget or deducted from the financial obligations to be paid to the State (if applicable); organizations and individuals related to this obligation who fail to fulfill their responsibilities as prescribed in this clause shall bear legal responsibility and compensate for damages according to the provisions of the law on state compensation.

Chapter IV
COMPENSATION, SUPPORT, AND RELOCATION

Section 1
COMPENSATION, SUPPORT, AND RELOCATION FOR HOUSING,

CONSTRUCTION WORKS NOT BELONGING TO PUBLIC PROPERTY

Article 28. Compensation and Relocation for Apartment Units in Residential Buildings

1\. The compensation and relocation for apartment units in old residential buildings as stipulated in Clause 10, Article 2 of the Law on Housing but not classified as public property shall be carried out as follows:

a) For apartments on the ground floor, the owner shall be compensated with a coefficient k from 1 to 2 times the usable area of the apartment recorded in the documents proving the right to use land and ownership of property attached to the land through various periods or meeting the conditions to obtain such certificates according to the laws on land and housing; based on the coefficient k stipulated herein, the provincial People's Committee shall determine the coefficient k applicable to each location and area of apartment buildings requiring renovation and reconstruction, serving as a basis for the owners and project investors to agree on the compensation area according to the coefficient k to include in the compensation and relocation plan.

In cases where the owner of an apartment on the ground floor has part of the apartment area for business and the project includes a portion of the area for commercial and service activities according to the approved planning, in addition to the compensation stipulated herein, if the owner requests, they may purchase or lease the commercial and service floor area according to the approved design for business purposes; the selling price of this area shall be calculated based on the construction investment cost allocated per square meter of commercial and service floor space (including infrastructure construction costs in the commercial area) according to construction laws plus a fixed profit rate of 10% of the total investment cost of the commercial area at the time of project approval, which has been reviewed and approved by the competent authority; the rental price of the commercial and service area shall be agreed upon by both parties.² The purchase or lease of the commercial area as stipulated herein must be included in the compensation and relocation plan.

The purchase or lease of the commercial area as stipulated herein must be included in the compensation and resettlement plan.

b) For apartments from the second floor upwards, the owner shall be compensated with a coefficient k from 1 to 1.5 times the usable area of the apartment recorded in the documents proving the right to use land and ownership of property attached to the land through various periods or meeting the conditions to obtain such certificates according to the laws on land and housing; based on the coefficient k stipulated herein, the provincial People's Committee shall determine the coefficient k applicable to each location and area of apartment buildings requiring renovation and reconstruction, serving as a basis for the owners and project investors to agree on the compensation area according to the coefficient k to include in the compensation and relocation plan.

c) In cases where there is additional usable area outside the area recorded in the documents proving the right to use housing and land as specified in points a and b of this clause but meeting the conditions to obtain a land use certificate according to the laws on land, this area shall be compensated according to the coefficient k stipulated in points a and b of this clause; other areas not falling under the cases stipulated herein shall not be compensated according to the coefficient k of the usable area of the apartment stipulated in points a and b of this clause but may be supported by the project investor with the investment cost on this area.

The resettlement apartment area after calculating compensation according to the factor k specified in points a or b of this clause shall be clearly stated in the compensation and relocation plan.

2. In case the resettlement compensation plan agreed upon by all parties has a resettlement apartment area according to the design larger than the compensation apartment area based on coefficient k as stipulated in Clause 1 of this Article, then the owner must pay the additional value of this excess area; if after the compensation and resettlement plan is approved, the owner does not purchase or lease-purchase this excess area, they will not be allocated a resettlement apartment, and the developer will be paid the full value of this apartment according to the price specified in Clause 4 of this Article, and the developer may sell this resettlement apartment at commercial prices to other subjects. If the agreed resettlement apartment area according to the design is smaller than the compensation apartment area based on coefficient k as stipulated in Clause 1 of this Article, then the developer must compensate the owner for the value of this excess area.

The calculation of the value of the difference in area specified herein shall be determined based on the principle of multiplying the difference in area (m²) multiplied by the price of newly constructed housing issued by the Provincial People's Committee that remains valid at the time of establishing the compensation and resettlement plan and is paid at the time of handing over the condominium unit.

3. In case the owner of the condominium unit does not have a need for on-site resettlement but the developer has land areas elsewhere for resettlement and the owner has such a need, the parties shall agree on the resettlement at that location according to the mechanism prescribed in Clauses 1 and 2 of this Article.

4. In case the owner of the condominium unit does not have a need for resettlement as prescribed in Clause 1 or Clause 3 of this Article, they will be compensated in cash according to the price proposed by the developer for the resettlement apartment and agreed upon in the compensation and resettlement plan; the receipt of compensation money for the apartment will be carried out after the compensation and resettlement plan is approved by the competent authority.

In case the owner of the condominium building has a need to purchase or lease-purchase social housing and meets the conditions for purchasing or leasing-purchasing social housing, they will be arranged to purchase or lease-purchase social housing according to the provisions of the law on the development and management of social housing.

5. For cases where the condominium unit is currently collateral for a credit institution, the handling of the resettlement apartment after reconstruction or the handling of the compensation amount will be carried out according to the provisions of civil law regarding security for obligations.

Article 29. Compensation and Resettlement for Other Areas Except Apartments in Residential Buildings

1. In case, according to the approved planning, the project continues to rebuild the business and commercial service area, the owner of this area will be repositioned according to the approved planning; the compensation for this area will be implemented according to the principle of applying coefficient k = 1 times the old usable area.

2. In case, according to the approved planning, the project does not continue to rebuild the business and commercial service area, the compensation will be carried out according to the principle of applying coefficient k = 1 times the old usable area multiplied by the price of newly constructed housing issued by the Provincial People's Committee that remains valid at the time of establishing the compensation plan multiplied by the remaining quality ratio of the house.

The remaining quality ratio of housing is determined as with the remaining quality ratio of housing under state-owned property as stipulated in Clause 1, Article 34 of this Decree.

Article 30. Compensation and Resettlement for Housing and Other Areas Not Being Residential Buildings but Belonging to Projects for Renovation and Reconstruction of Residential Buildings

1. The owner of individual houses within the project for the renovation and construction of condominium buildings must demolish to renovate and construct again will be considered for resettlement with individual houses at another location if there is a need and depending on the specific conditions of each project. In case there is no other location to build individual houses or the owner does not have a need for resettlement with individual houses, they will be compensated in cash according to the principles prescribed in points a and c of Clause 2 of this Article; if the owner is compensated in cash and has a need, they can purchase a condominium unit in this project at the price of the resettlement apartment determined in the approved compensation and resettlement plan.

2. Compensation and resettlement for individual houses shall be implemented according to the following provisions:

a) For the residential land area, compensation will be carried out according to the principle of the existing residential land area recorded in the land use right certificate, property ownership certificate attached to the land through various periods or meeting the conditions to be granted a certificate according to the land law, housing law, multiplied by the specific land price to calculate the compensation according to the land law at the time of establishing the compensation and resettlement plan; in case there is a part of the land area exceeding the area recorded in the land use right certificate, property ownership certificate prescribed in this clause, this excess area will be resolved according to the provisions of the land law;

b) The resettlement land area at another location is determined according to the planning approved by the competent authority and converted into money according to the principle of the land price determined according to point a of this clause multiplied by the land area (m²); in cases where there is a difference in compensation value, the parties responsible shall settle this difference;

c) For the current housing usage area (m²) multiplied by the price of newly constructed housing issued by the Provincial People's Committee that remains valid at the time of establishing the compensation and resettlement plan multiplied by the remaining quality ratio of the current house. In case the developer implements the construction of resettlement housing, the owner is responsible for paying the investment costs for constructing this housing to the developer.

The remaining quality ratio of the current housing stipulated herein is determined in the compensation and resettlement plan.

3. For headquarters, office buildings, and other construction works legally owned by organizations or individuals still within the lease period, if according to the approved planning, this area is still continued to be allocated, the owner will be compensated according to coefficient k = 1 times the old land area determined according to the principle prescribed in point a of Clause 2 of this Article for the remaining lease period; for the construction area of legally owned works, compensation will be carried out according to the principle prescribed in point c of Clause 2 of this Article.

In case the owner does not have a need for resettlement at the original location or according to the approved planning, this headquarters, office building, or construction work is not rebuilt, the owner will be compensated in cash according to the principles prescribed in points a and c of Clause 2 of this Article; in case within the project scope there is a business and commercial service area and the owner has a need to purchase or lease, they will be prioritized to purchase or lease a portion of this area at the price prescribed in point a of Clause 1 of Article 28 of this Decree.

Article 31. Support for owners, users of apartment buildings, and project investors

1. In addition to being compensated and resettled as provided for in Articles 28, 29, and 30 of this Decree, based on the specific conditions of the locality, the People's Committee at the provincial level shall report to the People's Council at the same level to decide on additional support levels from the locality’s regular budget for the following cases:

a) The person who is entitled to compensation and resettlement is a person with meritorious service to the revolution under the law on preferential treatment for persons with meritorious service to the revolution; a person with disabilities; a poor household or near-poor household as defined by the Government at the time of implementing support when such individuals purchase or lease to buy the excess area (if any) according to Clause 2 of Article 28 of this Decree;

b) Supporting the investor partially or fully with relocation and forced relocation costs as prescribed in point b, Clause 6, Article 73 and point b, Clause 4, Article 74 of the Law on Housing;

c) Supporting the investor partially or fully with costs for constructing technical infrastructure and social infrastructure within the scope of the project as prescribed in point d, Clause 1, Article 63 of the Law on Housing;

d) The support levels specified in points a, b, and c of Clause 1 of this Article shall be stated in the compensation and resettlement plan approved by the People's Committee of the province.

2. In addition to the requirement to be compensated and resettled as provided for in Articles 28, 29, and 30 of this Decree, depending on the specific conditions of the project, the investor may decide to provide additional funding support to the owners and users of apartment buildings, including the portion of funds that the owner has invested in construction but does not meet the conditions for compensation as stipulated in Point c, Clause 1 of Article 28 of this Decree.

Article 32. Signing contracts for purchasing, leasing, renting houses and construction works for resettlement

1. The person who is resettled must sign a lease, lease-purchase, or sale contract for resettlement housing or construction projects with the project investor in accordance with the Law on Housing; the effective date of the contract shall be implemented in accordance with the law on housing.

2. After signing a sale or lease-purchase contract for housing, the person who is resettled may transfer this contract to other organizations or individuals if they have no need for resettlement; the procedures for transferring the contract shall be applied as those for transferring a sale or lease-purchase contract for commercial housing in accordance with the law on real estate business.

Section 2
COMPENSATION AND RESettLEMENT FOR HOUSING AND CONSTRUCTION PROJECTS BELONGING TO PUBLIC PROPERTY

SUBORDINATE TO STATE PROPERTY

Article 33. Compensation and Relocation for Apartment Units Belonging to Public Property

1. In the case where there is a mixed-use apartment building belonging to public property and private ownership within a residential building subject to renovation and reconstruction, the compensation and resettlement shall be carried out as follows:

a) The coefficient k for compensating the usable area of the apartment shall be applied as for an apartment not belonging to public property as stipulated in Point a, Clause 1 of Article 28 of this Decree;

b) If all parties agree that the resettlement apartment design area is larger than the area to be compensated according to the coefficient k specified in Clause 1 of this Article, then the locality’s regular budget must pay the difference in value of this area to the project investor. If the resettlement apartment design area is smaller than the area to be compensated according to the coefficient k specified in Clause 1 of this Article, then the investor must pay the State the difference in value of this area.

The payment of the difference in value as stipulated herein shall be carried out according to the principle prescribed in Clause 2 of Article 28 of this Decree; the provincial housing management agency shall take the lead and coordinate with the financial agency at the same level to report to the Provincial People's Committee to decide on allocating funds from the locality’s regular budget to pay the difference in value as stipulated herein to the project investor.

After acceptance and completion of investment and construction of housing, the representative of the public property owner or the agency representing the public property owner shall be responsible for receiving and handing over the apartment and paying maintenance fees and management operation fees for the apartment building in accordance with Article 22 of this Decree;

c) In the case where the State does not need to accept the resettlement apartment as stipulated in Clause 1 of this Article and instead accepts compensation in cash, the investor shall pay the State the compensation amount according to the price of the resettlement apartment proposed by the investor and agreed upon in the compensation and resettlement plan; the receipt of cash compensation for the apartment shall be carried out after the compensation and resettlement plan is approved; the investor may sell these apartments to other subjects at market prices as stipulated in Article 41 of this Decree.

2. In the case where the entire residential building belonging to public property is renovated and reconstructed using the state budget as stipulated in Point a, Clause 2 of Article 62 of the Law on Housing, the compensation and resettlement shall be carried out as follows:

a) Based on the detailed planning of the project, the state budget allocated for reconstructing the residential building, and the standards and regulations for constructing residential buildings, the agency representing the public property owner shall determine the coefficient k for the designed area of the apartments after reconstruction to ensure that it is equal to or greater than the usable area of the old apartment but not less than the area according to national technical standards and regulations for residential buildings.

The provincial housing management agency shall take the lead and coordinate with relevant agencies at the same level, including planning and investment, urban planning and architecture (if applicable), finance, natural resources and environment, to report to the Provincial People's Committee to decide on the coefficient k for the apartment area as stipulated herein.

For residential buildings belonging to public property invested in and constructed by the Ministry of National Defense or the Ministry of Public Security for allocation to military personnel to rent, the Ministry of National Defense or the Ministry of Public Security shall base their decision on the coefficient k for compensating the apartment area when implementing the project to renovate and reconstruct residential buildings on the provisions of this clause.

b) In the case where the planning does not continue to reconstruct the residential building, the agency representing the public property owner of the housing shall decide to invest in constructing another project according to the approved planning; tenants will be relocated to other locations according to the mechanisms stipulated in Article 35 of this Decree.

Article 34. Compensation for the area of houses and land other than condominium units belonging to state assets

1. For the common area of the house belonging to public property within the scope of the project to renovate and reconstruct residential buildings, the investor must pay the State in cash according to the principle of the current usable area (m²multiplied (x) by the price of newly constructed residential houses issued by the Provincial People's Committee that remains valid at the time of establishing the compensation plan multiplied (x) by the remaining quality ratio of the existing housing.

The remaining quality ratio of housing belonging to state assets shall be determined in accordance with the regulations on housing when selling old housing belonging to state assets.

For houses classified as Class I, II, or III but demolished before this Decree takes effect, their remaining value shall be determined based on the current status at the time recorded in the documents proving the allocation and use of such housing as prescribed by housing laws. In cases where the documents referred to in this clause specify the provision of housing but do not indicate the remaining quality, the remaining quality ratio shall be set at 50% of the value of that housing class; if the documents do not specify the housing class, the remaining quality ratio shall be set at 50% of the value of Class III housing.

2. For the common-use land area within existing apartment buildings currently managed by the State, the developer is exempt from land compensation payments.

3. As for the shared land area not falling under the case stipulated in Clause 2 of this Article but within the scope of the project for renovating and rebuilding apartment buildings or apartment complexes, including the area for constructing technical infrastructure, traffic, social infrastructure, and other facilities outside the existing boundaries of the apartment building or complex, and not subject to resolution according to Clause 4 of this Article, the project investor for renovating and rebuilding apartment buildings shall be allocated this shared land area to implement investment construction according to the planning and shall be exempt from compensation for land.

4. As for the shared land area specified in Clause 3 of this Article but belonging to land managed by state agencies or organizations as stipulated in Clause 1 of Article 217 of the Land Law 2024, it shall be resolved as follows:

a) If the land area specified in this clause does not meet the conditions to be separated into an independent project according to land laws, the provincial People's Committee shall decide to allocate this land area to the project investor to implement the project for renovating and rebuilding apartment buildings according to the approved planning; the investor of this project shall be exempt from land compensation fees and land use rights transfer fees for this shared land area.

b) If the land area specified in point a of this clause meets the area requirements to be separated into an independent project according to land laws, land allocation and leasing shall be carried out according to land laws to implement the independent project according to the planning approved by the competent authority.

Article 35. Allocation and use of condominium units belonging to state property after reconstruction

1. Tenants of condominium units belonging to state property that are demolished shall continue to be allocated rental units after reconstruction, except in cases where there is no need to continue renting housing.

The area of the rental unit shall be determined based on the provisions set forth in Clause 1 or Clause 2 of Article 33 of this Decree for inclusion in the housing lease contract.

2. In cases where the tenants of the apartments specified in Clause 1 of this Article no longer have the need to continue renting housing after reconstruction or have been allocated rental housing at another location, the provincial People's Committee may use these apartments to rehouse other groups on the district level where the apartment building is located according to local resettlement policies; if there is no demand for resettlement apartments on the district level, the investor shall provide compensation in cash according to point c of Clause 1 of Article 33 of this Decree.

3. The rent price for apartments belonging to public assets after reconstruction for the subjects specified in Clause 1 of this Article shall be applied similarly to the rent price for social housing belonging to public assets as prescribed by laws on management and development of social housing; if the State sells these apartments to the subjects specified in Clause 1 of this Article, the tenants shall be able to purchase them according to regulations on selling old housing belonging to public assets as prescribed by housing laws.

For other resettlement subjects who are not tenants of housing specified in Clause 1 of this Article, the leasing and sale of housing shall be carried out according to the local compensation and resettlement policies.

4. Based on the actual conditions of the locality, the provincial People's Committee shall decide to provide additional financial support to tenants of apartments specified in Clause 1 of this Article who are entitled to preferential treatment under laws on preferential treatment for persons with meritorious service to the revolution, persons with disabilities, poor households, near-poor households to pay rent for housing or provide additional financial support for purchasing housing belonging to public assets if these subjects have the need and meet the conditions to purchase such housing according to housing laws.

5. The additional financial support provided for in Clauses 3 and 4 of this Article must be determined in the compensation and resettlement plan.

Chapter V
IMPLEMENTATION OF PROJECTS FOR RENOVATING AND REBUILDING APARTMENT BUILDINGS

REGARDING CONSOLIDATION CASES

Article 36. Principles of Condensation of Condominium Buildings

1. Consolidation of apartment buildings can only be implemented when individual apartment buildings in the same area must be demolished according to the approved planning, but some of these apartment buildings cannot be rebuilt or can be rebuilt but do not ensure the economic and social efficiency of the project, and only one or two locations with apartment buildings in the consolidation area can rebuild new apartment buildings to accommodate sufficient resettlement units for the owners and users of the apartment buildings.

2. Condensation of condominium buildings can only be implemented in accordance with one of the cases stipulated in Article 37 of this Decree.

Article 37. Cases of Condensation of Condominium Buildings

1. Consolidating several independent apartment buildings in the same ward into two or more locations with apartment buildings in the consolidation area within that ward.

2. In cases where consolidation cannot be implemented according to Clause 1 of this Article within the same ward, consolidation of several apartment buildings in adjacent wards within the same district shall be carried out.

3. If it is not possible to implement condensation as stipulated in Clause 2 of this Article within the same district, then condensation of several condominium buildings in adjacent districts shall be implemented.

4. In cases where consolidation solutions cannot be implemented according to Clauses 1, 2, or 3 of this Article, the provincial People's Committee shall temporarily allocate funds from the regular budget of the locality to relocate, compensate, support, and resettle the owners and users of the apartment buildings and organize the auction of the land with apartment buildings to be demolished to repay the state budget. Investment construction of projects on the auctioned land shall be carried out according to the approved planning.

In cases where the planning requires the provision of public facilities on the land with apartment buildings in the consolidation area, compensation, clearance, demolition, and land recovery shall be carried out according to land laws to implement the planning.

Article 38. Investment in the renovation and reconstruction of apartment buildings in cases of consolidation

1. The selection of the project investor for renovating and rebuilding apartment buildings in consolidation cases shall be conducted through one of the forms prescribed in Article 16, Article 17, or Article 18 of this Decree and the following provisions:

a) In case the investor agrees to transfer land use rights with all owners of the combined apartment buildings as stipulated in Article 16 of this Decree, then such investor shall be approved by the competent authority for the investment proposal simultaneously with being recognized as the project investor for the combined apartment building area that has completed the agreement;

b) In case the project investor is selected according to the provisions of Article 17 of this Decree and the project does not meet the profit requirement as specified in Clause 1, Article 39 of this Decree, then in approving the investment proposal, the competent authority must clearly determine the additional land area granted to the investor to ensure the required profit;

c) In case the project investor is selected according to the provisions of Article 18 of this Decree and the project does not meet the profit requirement as specified in Clause 1, Article 39 of this Decree, the provincial housing management agency shall prepare a plan for the use of combined land areas to ensure the prescribed profit ratio, attached to the application for approval of the investment proposal to be submitted to the Provincial People's Committee for consideration and approval; the investor chosen in the decision on approval of the investor or in the decision on winning the bidding for the project using land shall be recognized as the project investor for the entire combined land area additionally allocated;

2. The approval or adjustment of the investment policy for the renovation and construction of combined apartment buildings shall be carried out according to the provisions of Articles 10, 11, 12, 13, or Article 14 of this Decree;

3. Land recovery, allocation, leasing, and change of land use purpose (if applicable) for implementing the project in cases of consolidated apartment buildings shall be carried out according to the provisions of Article 19 of this Decree.

4. The compensation and resettlement plans for the owners and users of combined apartment buildings in the renovation and construction projects of combined apartment buildings shall be implemented according to the provisions of Chapter IV of this Decree;

Article 39. Preferential treatment for investors in the renovation and reconstruction of consolidated apartment buildings

1. In cases where, after resettling the owners and users, there remains an area available for business activities ensuring a minimum profit rate of 10% and a maximum of 15% of the total project investment cost proposed by the investor in accordance with Point b, Clause 1, Article 38 of this Decree or established by the housing management agency in accordance with Point c, Clause 1, Article 38 of this Decree, the investor shall not be allocated the remaining land area of the combined apartment buildings; the selection of the investor to implement the project in these remaining areas shall be based on the approved planning and the project investment objectives in accordance with the laws on land, construction, and related laws;

2. In cases where, after resettling the owners and users, there remains an area available for business activities but it does not meet the profit requirements stipulated in Clause 1 of this Article or there is no remaining area for business activities, the investor of the renovation and construction project of combined apartment buildings may be allocated additional land areas from one or several combined apartment buildings to conduct business activities in accordance with the approved planning, ensuring the required profit as stipulated in Clause 1 of this Article;

For the remaining land area (if any), which the project investor is not allocated according to the provisions of this clause, based on the approved planning and the project objectives, the Provincial People's Committee shall organize the selection of the investor in accordance with the laws on land, construction, and related laws to invest and construct according to the approved planning;

3. The Provincial People's Committee shall allocate land, lease land, and implement exemptions on land compensation payments, land use fees, and land rental fees for the land area allocated to the project investor for the renovation and construction of combined apartment buildings as stipulated in Point b and Point c, Clause 1, Article 38 of this Decree;

4. In cases where, after finalizing the project accounts, the profit exceeds the prescribed profit level as stipulated in Clause 1 of this Article, the investor must return to the State budget the excess profit; if the excess profit is due to adjustments in the investment policy as stipulated in Article 14 of this Decree, the investor only needs to pay taxes on the excess profit in accordance with the regulations;

Chapter VI
INCENTIVE MECHANISM FOR PROJECT INVESTORS IN RENOVATION AND CONSTRUCTION;

RECONSTRUCT APARTMENT BUILDINGS

Article 40. Mechanism for Preferential Fees on Land Use Rights and Land Rent

1. Investors in the renovation and construction of combined apartment buildings are exempted from land use fees and land rental fees for the land area allocated within the scope of the renovation and construction project of combined apartment buildings as stipulated in Point a, Clause 1, Article 63 of the Law on Housing; the scope of the renovation and construction project is determined in the detailed planning approved by the competent authority or in the document approving the investment proposal of the project;

In cases where, within the scope of the renovation and construction project, there is a portion of land allocated or leased by the State that is managed by state agencies in accordance with the laws on land, the investor is exempted from land compensation payments, land use fees, and land rental fees for this portion of land, except when this land area meets the conditions to be separated into an independent and separate project as stipulated in Point b, Clause 4, Article 34 of this Decree;

2. In cases where, after being selected, the investor requests an increase in the land use coefficient compared to the detailed planning already approved and the competent authority decides to adjust the detailed planning; then the developer must carry out the investor must fulfill the financial obligations regarding land for the increased land area in accordance with the laws on land; the determination of land prices, calculation of land use fees, and land rental fees for the increased land area shall be carried out in accordance with the laws on land.

3. In cases where, according to the approved planning scheme, the location of apartment buildings to be demolished continues to rebuild apartment buildings (excluding consolidation cases), but the project investor obtains the unanimous agreement from all owners of those apartment buildings not to be resettled in place and the investor agrees to implement compensation and resettlement at another location or compensate in cash for these owners in accordance with the approved compensation and resettlement plan under this Decree, then the project investor shall enjoy preferential mechanisms regarding land use fees and land rental fees as stipulated in Clause 1 of this Article.

4. In cases where the State liquidates or prices housing according to previous regulations on liquidation and pricing of housing, but the State has only collected house payment fees and has not yet collected land use fees from the persons being liquidated or priced, and such housing falls within the scope that must be demolished to implement projects to renovate and rebuild apartment buildings, then the project investor shall be exempted from land compensation fees, land use fees, and land rental fees for the area of land with housing that has been liquidated or priced.

Article 41. Mechanism for Preferential Business of Apartment Units and Commercial Service Areas in Renovation and Reconstruction Projects of Apartment Buildings

1. The project investor for the renovation and rebuilding of apartment buildings may sell apartments specified in Clause 2 of this Article at commercial prices without having to pay land use fees to the State when selling these apartments and does not need to convert the function to commercial housing as prescribed by laws on housing.

2. Apartment units in apartment buildings after reconstruction sold at commercial prices include:

a) Apartments constructed additionally for business purposes according to the approved planning scheme outside the apartments reserved for resettlement of owners and users of apartment buildings according to the approved compensation and resettlement plan;

b) Apartments required to be arranged for resettlement but the owner receives compensation in cash according to the approved compensation and resettlement plan, including apartments required to be compensated to the State but the State does not accept resettlement apartments and instead accepts compensation in cash as stipulated in point c, Clause 1, Article 33 of this Decree;

c) Apartments required to be arranged for resettlement according to the approved compensation and resettlement plan but the owner does not purchase the excess area as stipulated in Clause 2, Article 28 of this Decree, or in cases where the owner has been resettled to another location according to Clause 3, Article 28 of this Decree;

3. The project investor for the renovation and rebuilding of apartment buildings may operate the portion of the area designated for service and commercial business and other construction works (if any) within the project scope exempted from land compensation fees, land use fees, and land rental fees as stipulated in Clause 1, Article 40 of this Decree.

In cases where the project investor transfers or contributes capital in the area specified in this clause attached to land use rights, they must fulfill financial obligations regarding land according to the laws on land.

4. For other business areas specified in Clauses 2 and 3 of this Article that fall outside the project scope, the project investor must fulfill financial obligations regarding land according to the provisions of the law on land.

Chapter VII
CONTRIBUTION TO THE RECONSTRUCTION OF APARTMENT BUILDINGS

Article 42. Principles for Contributing Funds to Rebuild Apartment Buildings

1. Owners of apartment buildings not falling under the category of old apartment buildings as defined in Clause 10, Article 2 of the Law on Housing must contribute funds to build new apartment buildings according to the provisions of Clause 2 of this Article.

2. The contribution of funds to rebuild apartment buildings shall be carried out based on the following principles:

a) For the area of apartments in apartment buildings, owners of apartment buildings contribute funds based on the usable area of the new resettlement apartments stated in the compensation and resettlement plan multiplied (x) by the price of newly constructed housing calculated based on the total investment cost of the project agreed upon by the parties at the time of establishing the compensation and resettlement plan;

b) For other areas that are not apartments, owners contribute funds according to the principle stipulated in point a of this clause to continue the goal of operating services and commerce as approved in the investment proposal of the project.

3. In cases where the owner of an apartment unit or other area that is not an apartment does not contribute funds as prescribed in Clause 2 of this Article, they will be compensated according to the provisions of Article 44 of this Decree.

Article 43. Time and Form of Contribution of Funds for Rebuilding Apartment Buildings

1. The contribution of funds for rebuilding apartment buildings as stipulated in Article 42 of this Decree shall be implemented according to the progress of the project or paid in full after the handover of the apartment as follows:

a) In cases where contributions are made according to the progress of the project, each contribution installment shall be applied according to the payment regulations in the sale, lease-purchase of housing, and future construction works as stipulated by real estate business laws and must be specifically stated in the housing sale or lease-purchase contract.

b) In cases where contributions are made in full after the handover of the apartment, the owner shall be responsible for paying the entire amount of the contribution according to the agreement in the sales or lease-purchase contract signed with the project developer;

c) The amount of contribution specified in this Clause does not include maintenance funds for apartment buildings and management operation funds for housing as stipulated by law.

2. The form of contribution of funds as prescribed in Clause 1 of this Article shall be implemented according to real estate laws.

As for maintenance funds for apartment buildings and management operation funds for apartment buildings, owners of apartment buildings shall implement payments according to the provisions of the Law on Housing.

Article 44. Compensation for Land Use Rights and Remaining Value of Apartments and Other Areas in Cases Where Owners Do Not Contribute Funds to Rebuild Apartment Buildings

1. The right to use land for apartment buildings is a shared right. The proportion of the right to use land of apartment building owners is calculated by dividing the usable area of apartments and other areas in the apartment building by the total floor area of apartments and other areas in the apartment building as prescribed by land laws.

2. In cases falling under points a, c, and d of Clause 2, Article 59 of the Law on Housing, apartment building owners shall be compensated for their share of the right to use land according to the ratio prescribed in Clause 1 of this Article multiplied (x) by the specific land price as stipulated by land laws at the time of establishing the compensation and resettlement plan.

3. In cases falling under point e, Clause 2, Article 59 of the Law on Housing, owners of apartment buildings shall be compensated according to the following provisions:

a) For land area, the share of the right to use land is compensated according to the ratio prescribed in Clause 1 of this Article multiplied (x) by the specific land price at the time of implementing compensation as stipulated by land laws;

b) For housing area and other areas, compensation is provided according to the principle of multiplying the current usable housing and other areas by the price of newly constructed housing issued by the provincial People's Committee still effective at the time of establishing the compensation plan multiplied (x) by the remaining quality ratio of the current housing and other areas.

The remaining quality ratio of the current housing stipulated herein is determined in the compensation and resettlement plan.

Chapter VIII
IMPLEMENTING PROVISIONS

Article 45. Responsibilities of Relevant Ministries and Agencies

1. The Ministry of Construction shall have the following powers and responsibilities:

a) Assist the Government, the Prime Minister in guiding, directing, and urging localities in the implementation of regulations on the renovation and rebuilding of apartment buildings as prescribed by the Law on Housing and this Decree;

b) Guide the implementation of regulations on the renovation and reconstruction of apartment buildings according to tasks assigned under the Law on Housing and this Decree;

c) Provide specific guidance on the inspection and evaluation of the quality of apartment buildings in accordance with laws on construction and housing;

d) Take the lead or coordinate with relevant ministries and sectors to conduct inspections and checks on the implementation of regulations on the renovation and rebuilding of apartment buildings and handle violations within their authority or propose competent authorities to handle related violations concerning the renovation and rebuilding of apartment buildings;

đ) Summarize and report to the Prime Minister periodically or urgently on the situation of the renovation and reconstruction of apartment buildings nationwide;

e) Perform other tasks assigned under the Law on Housing, this Decree, and other tasks assigned by the Government and the Prime Minister.

2. The Ministry of Finance shall have the following powers and responsibilities:

a) Guide the use of state budget funds for implementing contents related to the renovation and reconstruction of apartment buildings as prescribed by the Law on Housing and this Decree;

b) Carry out other tasks within its state management functions related to policies on the renovation and reconstruction of apartment buildings or other tasks assigned by the Government and the Prime Minister.

3. The Ministry of Natural Resources and Environment shall have the following powers and responsibilities:

a) Lead in guiding the determination of land prices for compensation in projects for the renovation and reconstruction of apartment buildings as prescribed by the Law on Housing and this Decree;

b) Chair the development and issuance within its authority, or propose to the competent authority to amend and supplement regulations within the scope of the Ministry's state management related to the renovation and reconstruction of apartment buildings to ensure consistency with the provisions of the Law on Housing and this Decree;

c) Perform other tasks within the scope of state management functions assigned according to the housing renovation and reconstruction policy as stipulated in the Law on Housing and this Decree, or other tasks assigned by the Government or the Prime Minister;

4. The Ministry of Planning and Investment shall perform tasks related to the renovation and reconstruction of apartment buildings as prescribed by the Law on Housing, this Decree, and other tasks assigned by the Government and the Prime Minister.

5. The Ministry of National Defense and the Ministry of Public Security shall be responsible for investing in the reconstruction of apartment buildings for the people's armed forces for lease in accordance with the Law on Housing, this Decree, and relevant laws; coordinate with provincial People's Committees to implement projects for the renovation and reconstruction of apartment buildings for the people's armed forces in their respective areas;

6. Other ministries and sectors within the scope of their assigned functions and tasks shall be responsible for issuing within their authority, or proposing to the competent authority to amend and supplement relevant regulations concerning the renovation and reconstruction of apartment buildings; chair or cooperate with the Ministry of Construction in implementing the provisions of the Law on Housing and this Decree regarding the renovation and reconstruction of apartment buildings;

Article 46. Responsibilities of local authorities

1. Responsibilities of the Provincial People's Committee:

a) Organize the implementation, urge, and direct the renovation and reconstruction of apartment buildings in the area to ensure compliance with deadlines and the provisions of the Law on Housing, this Decree, and relevant laws to ensure the safety of lives and property of residents in apartment buildings and residential complexes in the area;

b) Establish and issue plans for the renovation and reconstruction of apartment buildings in accordance with this Decree;

c) Allocate the regular budget to carry out works related to the renovation and reconstruction of apartment buildings as prescribed in this Decree, including: reviewing, inspecting, and evaluating the quality of apartment buildings; establishing, examining, and approving planning schemes; organizing the establishment, approval, and announcement of plans for the renovation and reconstruction of apartment buildings; implementing investment projects for the renovation and reconstruction of apartment buildings funded directly by the State from public investment capital and other local government budget expenditures as prescribed by the Law on Housing and this Decree; organizing relocation, forced relocation, and temporary accommodation arrangements as prescribed by the Law on Housing and this Decree;

d) Issue within its authority specific mechanisms and policies suitable to the conditions of the locality to implement projects for the renovation and reconstruction of apartment buildings in the area; for provinces and cities with special mechanisms and policies, they shall base these special mechanisms to delegate and authorize the implementation of tasks in the work of renovating and reconstructing apartment buildings in line with the actual situation of the locality;

đ) Implement propaganda, dissemination, and legal education on the renovation and reconstruction of apartment buildings for owners, users of apartment buildings, relevant agencies, organizations, and residents in the area to comply with;

f) Organize inspections, investigations, and handling of violations of laws concerning the renovation and reconstruction of apartment buildings or propose competent authorities to handle such violations as prescribed;

g) Perform other tasks related to the policy of renovating and reconstructing apartment buildings assigned by the Law on Housing, this Decree, or by the Prime Minister or the Government;

2. Responsibilities of provincial housing management agencies:

a) Assist provincial People's Committees in implementing, urging, and directing the implementation of regulations on the renovation and reconstruction of apartment buildings in the area to ensure compliance with deadlines and the provisions of the Law on Housing, this Decree, and relevant laws;

b) Advise provincial People's Committees to issue documents within their authority to implement renovation and reconstruction projects of apartment buildings as prescribed by the Law on Housing and this Decree;

c) Chair and coordinate with functional agencies at the local level to perform tasks related to the implementation of policies on the renovation and reconstruction of apartment buildings as prescribed in the Law on Housing and this Decree;

d) Report to the Ministry of Construction on the results of the renovation and reconstruction of apartment buildings in the area periodically every six months or upon urgent request for the Ministry of Construction to compile and report to the Government and the Prime Minister;

e) Perform other tasks related to the policy of renovating and reconstructing apartment buildings assigned by the Law on Housing, this Decree, or by provincial People's Committees;

3. The Chairman of the Provincial People's Committee, the Chairman of the District People's Committee, and the heads of relevant agencies at the local level shall be held accountable under the law if they delay, fail to implement, or implement incorrectly the provisions of the Law on Housing, this Decree, and housing-related legal documents;

Article 47. Effective Date

1. This Decree takes effect from August 1, 2024.

2. Decree No. 69/2021/NĐ-CP dated July 15, 2021 of the Government on the renovation and reconstruction of apartment buildings shall cease to be effective from the date this Decree takes effect.

3. Abolish Article 7 of Decree No. 35/2023/NĐ-CP dated June 20, 2023 of the Government amending and supplementing certain articles of decrees under the jurisdiction of the Ministry of Construction.

Article 48. Transitional provisions

Transitional provisions for policies on renovation and reconstruction of apartment buildings shall be implemented in accordance with point c, Clause 2, Clause 3, Article 198 of the Law on Housing and the following provisions:

1. For localities that have completed the inspection and evaluation of the quality of all apartment buildings in the area before the effective date of this Decree, they are not required to conduct another inspection and evaluation according to the Law on Housing and this Decree, except in cases where the apartment building has been inspected but does not fall within the category for demolition and reconstruction before the effective date of this Decree, but after the effective date of this Decree, it falls within the category for demolition according to Article 59 of the Law on Housing, then it must be re-inspected and evaluated to serve as the basis for developing plans for the renovation and reconstruction of apartment buildings as prescribed in this Decree;

For apartment buildings that have undergone inspection and fall within the category for demolition and reconstruction according to Clause 2 of Article 59 of the Law on Housing but have not been included in the plan for the renovation and reconstruction of apartment buildings, within a period not exceeding six months from the effective date of this Decree, the provincial People's Committee must organize the establishment and approval of plans for the renovation and reconstruction of these apartment buildings according to the provisions of this Decree;

2. For localities that have approved plans for the renovation and reconstruction of apartment buildings before the effective date of this Decree, they are not required to establish and approve new plans according to Clause 1 of Article 5 of this Decree, except in cases where the content of the plan needs to be adjusted to align with newly approved housing development programs or adjusted and supplemented housing development programs;

From the effective date of this Decree, the provincial People's Committee must organize the establishment and approval of plans for the renovation and reconstruction of apartment buildings for each specific project according to Articles 7 and 8 of this Decree;

3. For projects for the renovation and reconstruction of apartment buildings that have been approved by the competent authority through the Build-Transfer (BT) method, transitional measures shall be handled according to the laws on investment under the public-private partnership model.

4. Đối với dự án cải tạo, xây dựng lại nhà chung cư đã được cơ quan có thẩm quyền quyết định chủ trương đầu tư hoặc chấp thuận chủ trương đầu tư hoặc được cấp giấy chứng nhận đăng ký đầu tư hoặc chấp thuận đầu tư (gọi chung là chấp thuận chủ trương đầu tư) trước ngày Nghị định này có hiệu lực thi hành thì không phải lập, phê duyệt kế hoạch cải tạo, xây dựng lại nhà chung cư để thực hiện dự án theo quy định tại Điều 7 và Điều 8 của Nghị định này.

5. Đối với dự án cải tạo, xây dựng lại nhà chung cư đã được chấp thuận hoặc điều chỉnh chủ trương đầu tư theo quy định của pháp luật về đầu tư, pháp luật về nhà ở và pháp luật có liên quan trước ngày Nghị định này có hiệu lực thi hành thì tiếp tục thực hiện theo nội dung chủ trương đầu tư đã được chấp thuận; trường hợp điều chỉnh chủ trương đầu tư theo quy định tại Điều 14 của Nghị định này thì thực hiện việc điều chỉnh chủ trương đầu tư theo quy định của Luật Nhà ở và Nghị định này.

Trường hợp đã nộp hồ sơ hợp lệ đề nghị chấp thuận, điều chỉnh chủ trương đầu tư dự án cải tạo, xây dựng lại nhà chung cư trước ngày Nghị định này có hiệu lực thi hành nhưng sau ngày Nghị định này có hiệu lực thi hành, cơ quan có thẩm quyền chưa ban hành văn bản chấp thuận, điều chỉnh chủ trương đầu tư thì tiếp tục được giải quyết theo quy định tại điểm b khoản 3 Điều 198 của Luật Nhà ở.

6. Đối với dự án cải tạo, xây dựng lại nhà chung cư đã được Thủ tướng Chính phủ chấp thuận chủ trương đầu tư theo quy định của pháp luật đầu tư, pháp luật nhà ở trước ngày Nghị định này có hiệu lực thi hành mà thuộc trường hợp phải điều chỉnh chủ trương đầu tư theo quy định tại Điều 14 của Nghị định này thì Ủy ban nhân dân cấp tỉnh thực hiện việc điều chỉnh chủ trương đầu tư theo quy định của Luật Nhà ở và Nghị định này.

7. Đối với dự án cải tạo, xây dựng lại nhà chung cư đã lựa chọn được chủ đầu tư theo quy định của pháp luật nhà ở, pháp luật đầu tư trước ngày Nghị định này có hiệu lực thi hành thì không phải thực hiện lựa chọn lại chủ đầu tư theo quy định của Nghị định này, trừ trường hợp quy định tại khoản 11 Điều này và trường hợp thuộc diện chấm dứt hoạt động của dự án theo quy định tại khoản 8 Điều 14 của Nghị định này.

8. Đối với dự án cải tạo, xây dựng lại khu chung cư có nhiều phân kỳ đầu tư được phê duyệt và chủ đầu tư đã được cơ quan có thẩm quyền phê duyệt phương án bồi thường, tái định cư cho một hoặc một số phân kỳ đầu tư trước ngày Nghị định này có hiệu lực thi hành thì tiếp tục thực hiện theo phương án bồi thường, tái định cư đã được phê duyệt; đối với các phân kỳ còn lại của dự án chưa có phương án bồi thường, tái định cư được phê duyệt thì thực hiện bồi thường, hỗ trợ, tái định cư theo quy định của Luật Nhà ở và Nghị định này.

9. Đối với dự án cải tạo, xây dựng lại nhà chung cư đã có phương án bồi thường, tái định cư được phê duyệt trước ngày Nghị định này có hiệu lực thi hành thì các bên tiếp tục thực hiện theo phương án đã được phê duyệt, trừ trường hợp các bên thống nhất thay đổi phương án bồi thường, tái định cư theo quy định của Nghị định này.

10. Đối với dự án cải tạo, xây dựng lại nhà chung cư đã có phương án bồi thường, tái định cư được phê duyệt trước thời điểm Nghị này có hiệu lực thi hành mà đến ngày Nghị định này có hiệu lực thi hành có phần diện tích nhà, đất chưa đưa vào phương án bồi thường, tái định cư thì phải lập phương án bồi thường, tái định cư bổ sung để xác định việc bồi thường đối với diện tích nhà, đất này theo quy định của Nghị định này để trình Ủy ban nhân dân cấp tỉnh xem xét, phê duyệt.

Trường hợp chủ đầu tư dự án cải tạo, xây dựng lại nhà chung cư đã thực hiện hỗ trợ bằng tiền cho người sử dụng căn hộ thuộc tài sản công để di chuyển đi nơi khác theo quy định của pháp luật đất đai và pháp luật có liên quan tại thời điểm thực hiện hỗ trợ và việc hỗ trợ này được xác định trong phương án bồi thường, tái định cư được phê duyệt trước ngày Nghị định này có hiệu lực thi hành thì khi lập phương án bồi thường, tái định cư bổ sung phần diện tích nhà thuộc tài sản công cho Nhà nước (bao gồm cả phần diện tích nhà sử dụng chung và phần diện tích căn hộ) theo quy định của Nghị định này mà trong phương án bồi thường, tái định cư có nội dung Nhà nước thống nhất nhận bồi thường bằng tiền hoặc kết hợp nhận bồi thường bằng tiền và một phần bồi thường bằng căn hộ thì chủ đầu tư được khấu trừ phần kinh phí đã thực hiện hỗ trợ tiền nhà cho người sử dụng căn hộ thuộc tài sản công theo phương án bồi thường, tái định cư đã được phê duyệt trước đây.

Chủ đầu tư dự án có trách nhiệm báo cáo cụ thể số kinh phí đã hỗ trợ về tiền nhà thuộc tài sản công cho người sử dụng căn hộ kèm theo giấy tờ chứng minh việc hỗ trợ này gửi cơ quan quản lý nhà ở cấp tỉnh để chủ trì, phối hợp với Ủy ban nhân dân cấp huyện nơi có dự án và cơ quan tài chính cùng cấp, cơ quan đã phê duyệt phương án bồi thường, tái định cư trước đây để xác định số tiền được khấu trừ khi lập phương án bồi thường, tái định cư bổ sung theo quy định của Nghị định này trình Ủy ban nhân dân cấp tỉnh xem xét, phê duyệt; số tiền phải bồi thường còn lại sau khi được khấu trừ, chủ đầu tư phải thanh toán cho Nhà nước theo quy định của Nghị định này.

11. Trường hợp đã lựa chọn được chủ đầu tư dự án trước ngày Nghị định này có hiệu lực thi hành nhưng quá thời hạn 24 tháng tính từ ngày Nghị định này có hiệu lực thi hành, không tính thời gian điều chỉnh quy hoạch (nếu có) mà chủ đầu tư và các chủ sở hữu nhà chung cư không thực hiện được việc bồi thường theo phương án bồi thường, tái định cư quy định tại khoản 9 Điều này hoặc không thỏa thuận lại được phương án bồi thường, tái định cư theo quy định của Nghị định này thì Ủy ban nhân dân cấp tỉnh quyết định chấm dứt dự án và tổ chức lựa chọn lại chủ đầu tư theo quy định của Nghị định này.

12. Đối với dự án cải tạo, xây dựng lại nhà chung cư đã được chấp thuận chủ trương đầu tư theo quy định của pháp luật về đầu tư, pháp luật về nhà ở và pháp luật có liên quan trước ngày Nghị định này có hiệu lực thi hành và chủ đầu tư đã làm thủ tục đề nghị miễn tiền sử dụng đất, tiền thuê đất nhưng chưa được cơ quan có thẩm quyền phê duyệt thì thực hiện việc miễn tiền sử dụng đất, tiền thuê đất đối với phần diện tích đất được giao trong phạm vi dự án đã được cơ quan có thẩm quyền chấp thuận chủ trương đầu tư, không phải thực hiện thủ tục xác định giá đất, tính tiền sử dụng đất, tiền thuê đất được miễn và không phải thực hiện thủ tục đề nghị miễn tiền sử dụng đất, tiền thuê đất theo quy định của pháp luật về đất đai.

13. Trường hợp đề xuất hưởng các cơ chế ưu đãi đầu tư theo quy định tại điểm c khoản 2 Điều 198 của Luật Nhà ở thì thực hiện như sau:

a) Chủ đầu tư có văn bản đề nghị gửi cơ quan quản lý nhà ở cấp tỉnh bao gồm các nội dung: tên, địa chỉ của chủ đầu tư dự án, nội dung ưu đãi đã được hưởng trước đây, đề xuất hưởng cơ chế ưu đãi đầu tư mới theo quy định kèm theo 04 bộ hồ sơ pháp lý liên quan đến dự án cải tạo, xây dựng lại nhà chung cư;

c) Trong thời hạn tối đa 15 ngày, kể từ ngày nhận được văn bản đề nghị của cơ quan quản lý nhà ở, các cơ quan được lấy ý kiến quy định tại điểm b khoản này phải có văn bản trả lời cơ quan quản lý nhà ở cấp tỉnh;