Emergency evacuation of apartment buildings

Cases of relocation of owners and users of apartment buildings

The Decree stipulates cases of emergency relocation of apartment buildings, including: Apartment buildings damaged by fire or explosion and no longer meet safety conditions for continued use; apartment buildings damaged by natural disasters or enemy attacks and no longer meet safety conditions for continued use.

Cases of relocation under compensation and resettlement plans include:

The apartment building has main load-bearing structures that are in a state of overall danger, at risk of collapse, not meeting the conditions for continued use, requiring urgent evacuation of the owners and users of the apartment building;

Apartment buildings that are severely damaged, with localized danger to the main load-bearing structure of the building and have one of the following factors: Technical infrastructure systems for fire prevention and fighting; water supply, drainage, wastewater treatment; electricity supply, internal traffic do not meet the requirements of current technical standards and regulations or are at risk of being unsafe in operation, exploitation, and use and must be demolished to ensure the safety of owners and users of apartment buildings and requirements for urban renovation and beautification;

Apartment buildings with one of the following main structures damaged: Foundation, columns, walls, beams, and rafters that do not meet normal usage requirements and are not subject to demolition as prescribed in Point 1 and Point 2, but are located in areas that must be renovated and constructed in sync with apartment buildings subject to demolition as prescribed.

Arrange temporary accommodation for owners and users of apartment buildings

The Decree stipulates forms of temporary accommodation including:

Arrange temporary accommodation at the available resettlement housing fund or the public housing fund in the area or purchase commercial housing or invest in building a resettlement housing fund using local budget capital or capital from the Development Investment Fund, the local housing development fund (if any) to use as temporary accommodation.

Pay money for owners and users of apartment buildings to arrange their own accommodation.

In case of investment in building a resettlement housing fund to arrange temporary accommodation, it is necessary to ensure the requirements on quality, standards and norms for housing construction; in case the housing used for temporary arrangement is eligible for sale and the owner currently living in this housing has a need to buy, this housing will be sold to the owners instead of resettlement, except in case of temporary accommodation being arranged for housing belonging to public property; the selling price of this housing and the payment of the difference (if any) are determined as for the case of compensation and resettlement if the compensation and resettlement plan has been approved.

The Decree clearly states that in case the temporary accommodation is an apartment, the responsibility to pay the costs of management, operation and use of the apartment is stipulated as follows:

In case of emergency relocation of apartment building owners and users to temporary accommodation, the local budget shall pay for the management and operation costs of the apartment building from the local regular expenditure source until the project investor is selected;

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