From August 1, how is the term of use of apartment buildings regulated?

Reply:

Pursuant to Articles 58 and 61 of the 2023 Housing Law (amended and supplemented by Article 2 of Law No. 43/2024/QH15), from August 1, the term of use of apartment buildings is regulated as follows:

Firstly, the term of use of the apartment building is determined according to the design documents and the actual term of use of the apartment building according to the inspection conclusion of the competent authority. The term of use of the apartment building according to the design documents must be clearly stated in the appraisal document of the competent authority according to the provisions of the law on construction.

Second, the term of use of an apartment building is calculated from the date of acceptance of the apartment building into use according to the provisions of the law on construction.

Third, when an apartment building has expired according to the design documents specified in the above regulations or has not expired according to the design documents but is damaged, at risk of collapse, and does not ensure safety for the owners and users of the apartment building, the provincial People's Committee must direct the inspection and assessment of the quality of the apartment building according to the following regulations:

- The provincial People's Committee directs the provincial housing management agency to preside over and coordinate with local authorities and the district People's Committee where the apartment building is located to conduct inspection and assessment of the quality of apartment buildings built in the area. For apartment buildings, the entire area must be inspected and assessed before being included in the plan for renovation and reconstruction of the apartment building.

Apartment owners are responsible for coordinating with the above agencies and the inspection units in conducting inspections and evaluating the quality of apartment buildings according to the provisions of the 2023 Housing Law and construction laws.

- The organization assigned to inspect and evaluate the quality of apartment buildings must clearly identify the quality of the apartment building that must be demolished or not in the inspection report sent to the provincial housing management agency. The inspection and evaluation of the quality of apartment buildings is carried out in accordance with the provisions of the law on construction and the provisions of the Housing Law 2023.

- After receiving the inspection report, the provincial housing management agency must review and issue a conclusion on the quality inspection of the apartment building. The inspection conclusion must clearly state the inspection contents according to the provisions of the law on construction and must determine whether the inspected apartment building is not subject to demolition or is subject to demolition; in case the apartment building is not subject to demolition, the inspection conclusion must clearly state the time for continued use until the apartment building is subject to demolition.

- The inspection conclusion must be publicly posted on the electronic information portal of the provincial housing management agency.

Fourth, the announcement of apartment buildings that have expired is carried out in accordance with the provisions of the 2023 Housing Law and construction laws.

At the same time, Article 59 of the 2023 Housing Law specifically stipulates cases where apartment buildings must be demolished (including apartment buildings that are still within their term of use but are not safe if they continue to be used...).